‘Where is he?’: Furious judge demands answers from DOJ on wrongful deportation of Maryland man

The Justice Department on Friday (April 11) told a federal judge it could not comply with her order to provide details about Kilmar Abrego Garcia, a Maryland man mistakenly deported to El Salvador, calling the court’s deadline “impracticable.”

US District Judge Paula Xinis had instructed the government to reveal Abrego Garcia’s physical location, custodial status, and steps taken to return him to the US by Friday morning. But the Justice Department sought more time, arguing it was not in a position to share that information.

“Where is he?” Judge demands

At a hearing Friday afternoon, Judge Xinis repeatedly pressed DOJ attorney Drew Ensign for answers.

“I’m not asking for state secrets. I’m asking a very simple question: Where is he?” Xinis said sternly.

Ensign said he had not been given relevant details and that the administration was still evaluating Thursday’s Supreme Court order requiring the government to “facilitate” Abrego Garcia’s release.

“Your clients have done nothing to facilitate his return,” Xinis told Ensign.

“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 what you’ve done, if anything.”

DOJ claims foreign affairs limits immediate action

In a court filing ahead of the hearing, DOJ lawyers said they couldn’t comply with the order in time, citing the sensitive nature of foreign relations: “Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review.”

They added that “it is unreasonable and impracticable” to provide steps before they are vetted, and said the court’s directive lacked clarity — a point also noted by the Supreme Court in its opinion.

Judge plans daily updates

Unmoved by the arguments, Xinis said she plans to require daily updates from the Justice Department.

“You are the officer of the court. You are the instrument to represent the government,” she reminded Ensign.

The judge described the lack of information as “extremely troubling.”

Family, lawyers left in the dark

Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, said his client’s family and legal team have had no contact with him since he was deported last month.

“They clearly didn’t comply,” Sandoval-Moshenberg said of the government.

“They’re playing games with their own lawyers.”

Held in notorious Salvadoran prison

Abrego Garcia, 29, was confined at El Salvador’s CECOT mega-prison after being deported under accusations of MS-13 affiliation — claims his lawyers deny. He has never been charged or convicted of any crime in the US or El Salvador.

Court filings revealed that in 2019, a US immigration judge granted him protection from deportation because he was more likely than not to face persecution from gangs if returned.

His removal to El Salvador was later admitted by the Trump administration to be an “administrative error.”

US paying El Salvador to detain deportees

The US government is paying $6 million to the Salvadoran government under a deal brokered with President Nayib Bukele to detain US deportees. The Justice Department says Abrego Garcia remains in Salvadoran custody and cannot be returned until El Salvador agrees to release him.

Supreme Court steps in

Last week, Xinis ordered Abrego Garcia’s return no later than 11:59 p.m. Monday. That order was briefly paused by Chief Justice John Roberts. But on Thursday, the full Supreme Court sided with Xinis, saying the government must “ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.”

However, the high court also asked the lower court to clarify how the return should be “effectuated,” while acknowledging executive authority over foreign affairs.