A federal judge indicated on Friday that she would issue an order to protect Kilmar Armando Abrego Garcia, an immigrant wrongfully deported to El Salvador, from being quickly expelled from the United States again after his return last month to face criminal charges.
Judge Paula Xinis, presiding over the original civil case related to Abrego Garcia's wrongful deportation, expressed her frustration during a hearing in Federal District Court in Maryland. She criticized the Justice Department for undermining the trust typically extended to government lawyers by the courts. “You have taken the presumption of regularity and you’ve destroyed it in my view,” she stated.
Abrego Garcia's legal team has requested that Judge Xinis allow them to challenge any attempts by the Trump administration to re-deport him if he is released from custody in his criminal case. They are seeking to bar the administration from initiating removal proceedings for a period of two to three business days following his potential release, which may occur as soon as Wednesday during a separate hearing in Nashville.
Initially, the Justice Department had committed to bringing Abrego Garcia to trial on immigrant smuggling charges in Nashville. However, recent indications suggest that the Department of Homeland Security intends to seek his re-deportation before the trial, possibly to a third country where he has never resided.
Judge Xinis highlighted the need for legal safeguards, citing the administration's previous actions in deportation cases that have shown a lack of reliability. “I’m deeply concerned that if there’s no restraint on you,” she warned, “Mr. Abrego will be on another plane to another country because that’s what you’ve done in other cases.”
Her remarks echo a broader dissatisfaction among federal judges handling deportation cases, with at least three judges recently accusing Justice Department lawyers of disregarding their orders and considering contempt proceedings against them.
Judge Xinis's frustration stemmed from the Justice Department's failure to provide clarity regarding the administration's plans for Abrego Garcia if he is released from criminal custody. During a previous court session, a senior ICE official, Thomas Giles, testified for nearly four hours but provided information that Judge Xinis deemed “insufficient and incredible.” Giles indicated that decisions regarding Abrego Garcia's fate would be made by an ICE field officer, which did not satisfy the judge.
Judge Xinis expressed her annoyance towards Justice Department lawyer Sarmad M. Khojasteh, questioning the handling of such a significant case by a low-level official. She pressed him for details about the government's intended course of action, emphasizing the lack of accountability in the administration’s past actions.
Frustrations were compounded by the Justice Department's prior mismanagement of the case, which began in late March when Abrego Garcia’s family sought his return from a Salvadoran prison. The administration had initially failed to comply with the judge's instructions to facilitate his release and had obstructed her inquiries regarding their compliance.
As Abrego Garcia’s lawyers prepared to file a motion for sanctions against certain homeland security officials, the Justice Department unexpectedly announced his return to the United States, claiming it was necessary to address the government's error and to face indictment on smuggling charges.
Judge Xinis expressed skepticism about the legitimacy of the indictment, questioning whether it was merely a pretext to comply with her orders. Despite assurances from Justice Department officials that the indictment was obtained in good faith, doubts remained about whether Abrego Garcia would actually stand trial. One Justice Department lawyer admitted that if he were released from custody, the charges would essentially be set aside as he was handed over to homeland security for immediate removal.
The judge did not specify when she would issue an order to protect Abrego Garcia, but she emphasized the need to resolve the matter before the upcoming hearing on Wednesday regarding his potential release.