‘Done Nothing’: Judge Lashes Out at Trump Admin for Refusing to Comply with SCOTUS Orders

A federal judge in Maryland expressed frustration on Friday as the Trump administration continued to defy multiple court orders regarding the whereabouts of Kilmar Abrego Garcia, a legal resident mistakenly deported to El Salvador. The deportation occurred under an unprecedented application of the Alien Enemies Act of 1798, and the administration’s failure to comply with court directives has led to a tense legal standoff.

The Legal Battle Over Abrego Garcia’s Deportation

Abrego Garcia, a legal resident of the United States, was deported to El Salvador last month due to an “administrative error.” Despite a U.S. District Court order demanding answers about his location, the Justice Department failed to provide any information during a critical hearing on Friday. U.S. District Judge Paula Xinis had previously ordered the administration to share details regarding Abrego Garcia’s whereabouts, his current custodial status, and the steps being taken to return him to the U.S. after the Supreme Court ruled in favor of Xinis’ previous decision. The case gained national attention after the Supreme Court upheld Xinis’ directive, requiring the administration to “facilitate” Abrego Garcia’s return. However, despite this ruling, the Justice Department’s response remained vague, with Deputy Assistant Attorney General Drew Ensign stating that the department was still “vetting” the situation. This failure to comply with the court’s order prompted an exasperated response from Judge Xinis.

Tension in the Courtroom

The hearing began with Judge Xinis summarizing the Supreme Court’s decision and reiterating the government’s obligations. She expressed disbelief that the Justice Department had not complied with her earlier order, particularly given the clarity of the Supreme Court’s instructions. Ensign’s response, which suggested that the department needed more time to review the court’s order, only added to the judge’s frustration. “I’m not asking for state secrets,” Xinis reportedly said. “All I know is he’s not here.” The judge made it clear that the issue was not about the specifics of the Supreme Court’s ruling but the simple question of where Abrego Garcia was located. Despite Xinis’ insistence, Ensign could not provide a definitive answer, only conceding that the government could not dispute that Abrego Garcia was in El Salvador.

Government’s Continued Defiance and the Judge’s Response

Throughout the hearing, Xinis criticized the administration for its continued lack of transparency. She pointed out that the Justice Department’s failure to take meaningful action was causing irreparable harm to Abrego Garcia. “The irreparable harm continues,” Xinis stated, highlighting the ongoing uncertainty and the government’s inability to comply with the court’s directives. In response to the Justice Department’s delays, Xinis ordered that the government provide daily updates on the case, detailing any steps taken to facilitate Abrego Garcia’s return. The judge also demanded sworn declarations from Trump administration officials, despite objections from the Justice Department. This decision came after a lawyer for Abrego Garcia claimed that the government was playing games with its lawyers, further escalating tensions in the courtroom.

Ongoing Legal Struggles

The case continues to highlight the complexities surrounding the use of the Alien Enemies Act and the power of the executive branch in deportation matters. Judge Xinis’ firm stance is a reflection of her commitment to holding the government accountable for its actions, especially when it comes to ensuring the rights of individuals who have been legally residing in the U.S. As the legal battle over Kilmar Abrego Garcia’s deportation continues, it remains to be seen whether the government will comply with the court’s directives or continue to delay its response. Judge Xinis’ order for daily updates ensures that the actions, or lack thereof, of the Justice Department will be closely scrutinized in the coming days.