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Kilmar Abrego Garcia was wrongfully deported. During a tense hearing, the DOJ refused to disclose his whereabouts. What comes next?


Just a day after the Supreme Court ordered the Trump administration to “facilitate” the return of Kilmar Armando Abrego Garcia — a man mistakenly deported to El Salvador — the situation took a more uncertain turn.

In a tense Friday hearing, U.S. District Judge Paula Xinis pressed Justice Department lawyer Drew Ensign for concrete updates on efforts to bring back the Maryland father of three. But Ensign repeatedly evaded questions, even admitting he had no information on Abrego Garcia’s current whereabouts.

“I’m not asking for state secrets,” Xinis said in frustration. “I’m asking a very simple question: Where is he?”

Later, the judge remarked, “There is no evidence today as to where he is today. That is extremely troubling.”

Xinis ordered the DOJ to submit daily updates on its actions to return Abrego Garcia. However, it’s still unclear whether the updates will meet the court’s expectations — or those of the legal team representing Abrego Garcia and his family. The judge did not specify what consequences might follow if the responses are deemed insufficient.

Mistaken Deportation Deepens Legal Tensions

The Trump administration has acknowledged that Kilmar Armando Abrego Garcia was mistakenly deported due to what it called an “administrative error.” However, it now claims it cannot facilitate his return because he is currently in Salvadoran custody.

In 2019, an immigration judge had granted Abrego Garcia protected status—explicitly prohibiting his removal to El Salvador. His legal team maintains that he fled the country more than a decade ago to escape gang violence.

Concerns intensified after his wife identified him in a photo showing detainees entering CECOT, El Salvador’s heavily guarded mega-prison. U.S. Immigration and Customs Enforcement has labeled him a member of the MS-13 gang, a group officially designated by the Trump administration as a foreign terrorist organization.

Judge Paula Xinis previously called the wrongful deportation an “illegal act” and issued an order demanding Abrego Garcia's return by midnight on April 7. Whether the administration will comply remains uncertain, as legal and diplomatic complexities deepen.

Mistaken Deportation Case Escalates Amid Legal Clashes and Government Delays

Less than a day after the Supreme Court ruled that the Trump administration must help bring back Kilmar Abrego Garcia—wrongfully deported to El Salvador—the case grew even more complex.

In a tense hearing on Friday, U.S. District Judge Paula Xinis demanded clarity from the Justice Department about efforts to return Abrego Garcia. DOJ attorney Drew Ensign offered no clear answers, admitting he didn’t know the man's current location. Frustrated, Xinis stressed the seriousness of the issue, saying, “There is no evidence today as to where he is. That is extremely troubling.”

The judge had previously given the administration until midnight on April 7 to return Abrego Garcia, calling the deportation an “illegal act.” However, the DOJ quickly appealed, first to a federal appeals court and then to the Supreme Court before the lower court could rule. The high court supported Xinis’ ruling but requested that she clarify her order—particularly with respect to the government’s role and foreign policy considerations.

Hours later, Xinis responded with a new directive requiring the administration to take “all available steps” to bring Abrego Garcia back. She also ordered a sworn declaration from someone with direct knowledge of the efforts underway. Yet, on Friday morning, DOJ attorneys missed two deadlines to submit the declaration, prompting Xinis to declare that the administration had “made no meaningful effort to comply.”

Despite the Supreme Court’s involvement, President Trump later said aboard Air Force One that he would comply with a Supreme Court order, though he seemed unfamiliar with the case, saying, “I don’t know which one... but if they said to bring him back, I would.”

Judge Xinis, meanwhile, held firm. During Friday’s hearing, she rejected the DOJ’s argument that she had to wait before proceeding and ordered daily updates in the form of sworn statements. These must include Garcia’s current location and custody status, what steps have been taken to return him, and what additional actions will follow.

“We’re not going to slow walk this,” she said. “Even if the answer is that you have nothing, I want to know that every day.”

While Abrego Garcia’s attorneys were not required to file daily reports, the judge invited them to share any ongoing harm they believe is occurring or propose additional legal remedies if they feel the government isn’t cooperating.

Simon Sandoval-Moshenberg, one of Garcia’s lawyers, criticized the administration for failing to send someone with firsthand knowledge and accused them of “playing a game with their lawyers.”

Adding to the turmoil, DOJ attorney Erez Reuveni, who originally appeared before Xinis, was placed on administrative leave after admitting he couldn’t answer basic questions about the case.

This high-stakes legal battle continues as the court presses for action and accountability in a case that has drawn national attention.

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