Federal judge directs US to return deported Maryland man 'as soon as possible'

A federal judge directed the Trump administration late Thursday to take all available steps to bring a Maryland father who was mistakenly deported to El Salvador back to the United States.

The directive by U.S. District Judge Paula Xinis of Maryland came hours after the U.S. Supreme Court ordered the Justice Department to begin the process of releasing Kilmar Abrego Garcia, who was deported last month even though he had won an earlier protective order barring his expulsion.

Xinis has scheduled a hearing in the case for Friday afternoon.

Federal immigration agents arrested Abrego Garcia, 29, on March 12 after pulling him over in an Ikea parking lot near his home in Beltsville, Maryland, about half an hour outside of Washington, D.C. The Trump administration contends he is a member of the MS-13 gang, although it has presented no evidence to back up that claim.

Three days after his arrest, Abrego Garcia was expelled from the U.S. and sent to El Salvador's Terrorism Confinement Center, known as CECOT, which has been criticized for its harsh and dangerous conditions, as well as its rough treatment of prisoners.

Xinis ruled on April 4 that the U.S. government acted illegally by deporting Abrego Garcia and instructed the Trump administration to “facilitate and effectuate” his return to the United States. Government attorneys filed an emergency appeal to the Supreme Court, which ruled Thursday that the U.S. must begin taking steps to release him.

The high court, however, sent the case back to Xinis and asked her to clarify what she meant by “effectuate,” saying she may have gone too far in telling Trump officials how to manage foreign affairs.

In her response Thursday night, Xinis said the administration must take all available steps to facilitate Abrego Garcia’s return "as soon as possible."

She also instructed the government to provide information on his location and custodial status, what steps have been taken to facilitate his return, and what additional steps they plan to take and when.

The administration admitted in court documents that Abrego Garcia’s deportation was a mistake, which it blamed on an “administrative error.” But the Justice Department has said it has no authority to return the Maryland father to the United States because he is in a foreign country.

On Friday, government attorneys asked Xinis for more time to respond to her latest order. Xinis denied their request to delay the hearing, calling the government’s deportation of Abrego Garcia "wholly illegal from the moment it happened."

Get the Daily Briefing newsletter in your inbox.

The day's top stories, from sports to movies to politics to world events.

Delivery: Daily

Your Email

Abrego Garcia’s attorneys said the administration should have already been taking steps to secure his release.

“The Government continues to delay, obfuscate, and flout court orders, while a man’s life and safety is at risk,” his attorneys said in court documents.

The government’s request for an extension “is another stunning display of arrogance and cruelty,” they said.