Federal Court to Hear Justice Department's Efforts to Return Mistakenly Deported Maryland Man from El Salvador

In a significant development, lawyers representing the Justice Department and a Maryland man who was wrongfully deported to El Salvador are scheduled to convene in federal court on Tuesday. This meeting comes in the wake of a Supreme Court ruling mandating the Trump administration to facilitate the release of the individual, Kilmar Abrego Garcia, from a Salvadoran prison.

Legal Proceedings Take Center Stage

The two parties will present their case before U.S. District Judge Paula Xinis in Greenbelt, Maryland. This follow-up hearing is a response to Judge Xinis' order for the administration to provide updates on Abrego Garcia's whereabouts, the steps taken to facilitate his return to the U.S., and any further actions regarding his release.

Supreme Court's Intervention

The Supreme Court's decision last week upheld a portion of an earlier order requiring the U.S. to "facilitate" Abrego Garcia's release from Salvadoran custody. This ruling prompted the Justice Department to provide answers to Judge Xinis regarding Abrego Garcia's location and the government's compliance with the directive to bring him back to the U.S.

Government's Defiance

Lawyers for Abrego Garcia contended that the Trump administration defied both the district court and Supreme Court orders by withholding "even basic information" about their client's status. They sought three types of relief from Judge Xinis, including holding the government in contempt for failing to comply with her previous rulings.

Government's Response

During a hearing, Justice Department lawyer Drew Ensign admitted he could not provide information about Abrego Garcia's whereabouts. In a subsequent written order, Judge Xinis expressed that the Trump administration "failed to comply" with her directive and ordered daily updates on Abrego Garcia's location, custodial status, and the efforts made to facilitate his return.

Current Status of Abrego Garcia

In a declaration submitted to the court, Michael Kozak, a senior State Department official, confirmed that Abrego Garcia is currently held in the Terrorism Confinement Center, known as CECOT, in El Salvador. Kozak assured the court that Abrego Garcia is "alive and secure in that facility," but emphasized that his detention is under the authority of El Salvador.

Department of Homeland Security's Position

The latest filing from Joseph Mazzara, acting general counsel for the Department of Homeland Security, stated that the agency "does not have the authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation." This assertion reflects the Trump administration's stance on the matter.

Legal Status of Abrego Garcia

Abrego Garcia was apprehended by immigration authorities in March and subsequently flown to El Salvador along with over 200 other migrants currently confined at CECOT. His legal representation contends that his removal to El Salvador was unlawful, as an immigration judge granted him a withholding of removal in 2019. This legal status prohibits the Department of Homeland Security from returning him to El Salvador due to the likelihood of facing persecution from local gangs.

Controversy Surrounding Allegations

While the Department of Homeland Security has alleged that Abrego Garcia has ties to the gang MS-13, his lawyers vehemently deny these claims, asserting that he is not a member of MS-13 or any other gang. They further emphasize that he has never been charged or convicted of any crimes in the U.S., El Salvador, or any other country.

Supreme Court's Involvement

Abrego Garcia's case reached the Supreme Court after Judge Xinis ordered the Trump administration to "facilitate and effectuate" his return by a specified deadline. The Justice Department appealed, leading to Chief Justice John Roberts issuing a temporary order pausing the deadline. The Supreme Court ultimately upheld the portion of the decision requiring the government to "facilitate" Abrego Garcia's release from Salvadoran custody.

International Relations at Play

Trump administration officials have asserted that the decision to return Abrego Garcia to the U.S. rests with the Salvadoran government. However, Salvadoran President Nayib Bukele expressed his inability to facilitate the return during a meeting with President Trump, raising questions about the diplomatic dynamics involved in the case.

Financial Implications

The U.S. government is reportedly paying the Salvadoran government $6 million to house migrants at CECOT, adding a layer of financial consideration to the ongoing legal and diplomatic discussions surrounding Abrego Garcia's situation.