A federal judge has ordered the Trump administration to provide daily updates on efforts to return Kilmar Abrego Garcia, a Maryland man mistakenly deported to El Salvador, after a tense hearing in which justice department lawyers admitted they could not say where he was or what steps were being taken to bring him back.
US district judge Paula Xinis issued the order Friday after slamming the administration’s handling of the case, calling the justice department’s inability to provide even basic information “extremely troubling.” “I’m not asking for state secrets,” she said during the hearing, as quoted by CBS News. “I’m asking a very simple question: where is he?”, Xinis asked.
The 29-year-old was deported in March despite having protected legal status due to a 2019 court ruling that barred his removal to El Salvador.
A US immigration official later admitted in court that Abrego Garcia’s removal had been an “administrative error.” He was sent to CECOT, a notorious Salvadoran prison, under a $6 million detention agreement between the Trump administration and President Nayib Bukele’s government.
On Thursday, the US Supreme Court upheld Judge Xinis’ order requiring the administration to “facilitate” Abrego Garcia’s release and ensure his case is handled as it would have been had he not been wrongly deported. But the justice department claimed the judge’s deadline to provide details by 9:30 am (local time) Friday was “impracticable” and sought a delay until next week.
Judge Xinis rejected the request, extending the deadline by just two hours and pressing ahead with a scheduled afternoon hearing. During that session, justice department attorney Drew Ensign told the court that he did not have information on Abrego Garcia’s physical location or custodial status, prompting Judge Xinis to remark, “That means they’ve done nothing,” ABC News reported.
In a filing, the justice department argued that “foreign affairs cannot operate on judicial timelines,” and insisted it could not provide potential next steps before they had been vetted, adding that the situation involved “sensitive country-specific considerations” inappropriate for court review.
But the judge was unconvinced, saying that the record showed “your clients have done nothing to facilitate” his return.
She ordered that updates must now be submitted daily by an official with direct knowledge of the case.
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, accused the government of “playing games” and said the lack of answers about his client’s whereabouts was “terrifying.”
“Fortunately,” he added, “the judge put an end to that” by demanding accountability from officials involved in the case.
While the Supreme Court acknowledged the executive branch’s primacy in foreign affairs, it also directed the administration to explain what steps it has taken or will take, reinforcing that the deportation was unlawful and required correction.
The case has emerged as a flashpoint in Trump’s broader immigration crackdown, highlighting the tension between federal courts and the executive branch on questions of due process and presidential power.
Judge Xinis made clear the government would now be closely watched and said, “We’re going to make a record of what, if anything, the government is doing or not doing”, reported ABC News.