Federal judge erupts as Justice Department can't locate wrongfully deported father of three
In an extraordinary court hearing that left observers stunned, a federal judge has ordered the Trump administration to provide daily updates on their efforts to return a wrongfully deported Maryland father of three after a Justice Department lawyer repeatedly failed to answer the most basic question: "Where is he?"
The case involves Kilmar Armando Abrego Garcia, who was mistakenly deported to El Salvador despite having protected status granted by an immigration judge in 2019. The Trump administration has admitted the deportation was "because of an administrative error," but now claims they can't bring him back because he's in Salvadoran custody.
During Friday's tense hearing, US District Judge Paula Xinis grew visibly frustrated as Justice Department attorney Drew Ensign stonewalled her attempts to get information about Abrego Garcia's whereabouts or what steps the government was taking to secure his return.
"I'm not asking for state secrets," Judge Xinis said after Ensign told her he didn't have basic details. "I'm asking a very simply question: Where is he?"
The extraordinary exchange came just one day after the Supreme Court backed Judge Xinis' earlier order that the administration must "facilitate" Abrego Garcia's return. However, the highest court didn't set a specific deadline, noting that the clarification needed to be made with "due regard for the deference owed to the Executive Branch in the conduct of foreign affairs."
But what happened next left the courtroom in disbelief. The Justice Department blew past two deadlines to provide the court with a sworn statement about their efforts, and when they finally appeared before Judge Xinis, their attorney couldn't - or wouldn't - provide basic information.
"There is no evidence today as to where he is today," the judge said. "That is extremely troubling."
Abrego Garcia's wife had previously identified him in a photo of detainees entering El Salvador's notorious mega-prison CECOT last month. The facility has gained international attention for its harsh conditions and overcrowding. Officials with US Immigration and Customs Enforcement claim Abrego Garcia is a member of MS-13, which the Trump administration has designated as a foreign terrorist organization.
Adding another layer of confusion to the case, President Trump told reporters Friday night aboard Air Force One that "If the Supreme Court said bring somebody back, I would do that. I respect the Supreme Court." However, this statement appears to directly contradict the position his Justice Department took in court earlier that same day.
Simon Sandoval-Moshenberg, one of Abrego Garcia's attorneys, blasted what he saw as the administration's games, telling the judge: "It is quite clear that the government, and I hate to use these words, is playing a game with their lawyers."
The administration's stonewalling has led to Judge Xinis taking the extraordinary step of ordering daily updates, due by 5 p.m. each day, in the form of sworn statements from someone with personal knowledge of the situation. These updates must answer specific questions about Abrego Garcia's location, custody status, and what steps the government is taking to facilitate his return.
"We're not going to slow walk this," Judge Xinis warned. "So you will have a full and fair opportunity to be heard, but we're not relitigating what the Supreme Court has already put to bed."
The previous Justice Department attorney who appeared in the case last week, Erez Reuveni, was quickly placed on administrative leave after expressing frustration at not being able to answer key questions from the judge.
As this extraordinary legal battle continues, a father of three remains separated from his family due to what the government admits was an administrative error, with his exact whereabouts unknown even to the Justice Department officials arguing they cannot bring him back.
