April 16, 2025

A federal judge on Tuesday warned the DoJ for not complying with her order to facilitate the release of a Maryland man who was mistakenly deported to a prison in El Salvador. "We have to give process to both sides, but we're going to move… there will be no tolerance for gamesmanship or grandstanding," U.S. District Court Judge Paula Xinis said at the start of a hearing in the case involving Kilmer Abrego Garcia. Via CBS News:

Lawyers for Abrego Garcia and the Justice Department faced off in Xinis' courtroom Tuesday, one day after El Salvador's President Nayib Bukele said he would not be returning Abrego Garcia. Drew Ensign, a Justice Department attorney, said Tuesday that the Trump administration would facilitate Abrego Garcia's return if he arrived at a port of entry, and continued to dodge straightforward questions on what the Trump administration is doing, if anything, to return the man.

Joseph Mazzarra, acting general counsel of the Department of Homeland Security, said in a filing shortly before the hearing that if Abrego Garcia does show up at a port of entry, he would be detained by the Department of Homeland Security and either removed to a third country or be stripped of a legal protection that he was granted in 2019, which forbid immigration authorities from removing him to his home country of El Salvador.

To revoke that legal status, known as withholding of removal, the Department of Homeland would have to re-open his immigration case and ask an immigration judge to terminate it. Xinis ordered for the depositions to be completed by April 23. When the Justice Department suggested they might invoke privilege, Xinis told them "cancel vacation, cancel other appointments" and added that she expects "all hands on deck."

Didn’t get a chance to post this earlier, but there was a huge turnout in support of Kilmar Abrego Garcia at the federal courthouse.

From my seat in the jury room, I heard the supporters outside chanting throughout the hearing.

Anna Bower (@annabower.bsky.social) 2025-04-15T23:25:57.193Z

Ensign: We will move expeditiously, your honor.

Xinis: Anything else?

Ensign: For the record, we don't think discovery appropriate, because we think this is a legal dispute.

Xinis: Ok, will respond to that in written order. And your objection is preserved.

Anna Bower (@annabower.bsky.social) 2025-04-15T20:39:04.761Z

Xinis: Have you done it? [Brought him back?] If you haven't done it, speculative....

Ensign: If he presents at port of entry or embassy, he would be taken into US custody...this is narrow issue of what "facilitate" means

Xinis: I disagree, and I'm prepared to issue order on what facilitate means..

Anna Bower (@annabower.bsky.social) 2025-04-15T20:23:28.966Z

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