Federal judge criticizes DOJ for lack of information on wrongful deportation case to El Salvador

A federal judge rebuked the Department of Justice for failing to provide information about Kilmar Abrego Garcia, a man who was mistakenly deported to El Salvador. It demanded immediate answers and ordered daily briefings until the government clarified its position.

During a hearing this Friday, Judge Paula Xinis repeatedly asked government representatives about the steps taken to correct Abrego Garcia's deportation. However, Deputy Attorney General Drew Ensign indicated that there was still no concrete progress, as the administration was still evaluating the scope of the court ruling.

Frustrated by the lack of answers, Xinis pounded the desk and said, "I’m not sure what to take from the fact that the Supreme Court has spoken quite clearly, and yet I can’t get an answer today about anything you’ve done in the past". Given this situation, the judge ordered the submission of daily written reports detailing why Abrego Garcia's return has not yet been complied with until the government explains its measures. He also clarified that his court has no scheduling restrictions and will not accept excuses for failing to comply with the order.

The Department of Justice requested more time to implement the resolution, arguing that the process involves aspects related to the executive branch's foreign policy authority. Ensign also noted that some parts of the proceeding might not be publicly disclosed.

The judge, however, insisted that the process should not be delayed and recalled that the Supreme Court ruling had already established a clear determination.

The case of Kilmar Abrego Garcia

Kilmar Abrego García, 29, was deported despite having legal protection granted by the U.S. justice system. He is currently in the Terrorism Confinement Center (CECOT) in El Salvador.

In 2019, during the Donald Trump administration, Abrego was accused of being a member of the Mara Salvatrucha (MS-13), although he was never convicted of any crime. An immigration judge ruled that he could not be deported on the grounds that his safety would be at risk in his home country and granted him legal protection. However, on March 12 of this year, federal agents detained him and sent him back to El Salvador.

The government later acknowledged that his removal was an "administrative error," but argued that it is currently unable to handle his return directly, as Abrego is no longer in U.S. custody.

After reviewing the case, the Supreme Court ordered authorities to take steps to secure his return on Thursday. In response to this decision, Judge Xinis immediately scheduled a hearing for Friday, despite the government's request to postpone it as hasty.