Judge: DOJ’s Request for More Time in Case of Dad Deported in Error ‘Blinks at Reality’

A federal judge fiercely criticized the Trump administration on Friday for its handling of the deportation of Kilmar Abrego Garcia, a Maryland father mistakenly deported to El Salvador. U.S. District Judge Paula Xinis chastised the Justice Department for failing to meet her court order requiring them to provide details on Abrego Garcia’s whereabouts and their plan for his return to the United States. The deportation, which occurred under an 18th-century wartime authority, has become a central point of contention in a high-profile case that has garnered national attention.

Court Orders Immediate Action

On Friday morning, the administration failed to comply with Judge Xinis’s directive, which was issued after the U.S. Supreme Court upheld her decision to facilitate the return of Abrego Garcia. Rather than provide the requested information, the Justice Department filed a motion asking for more time to evaluate the Supreme Court’s order. The government argued that Xinis’s order to provide information was “inconsistent” with the high court’s ruling, which had remanded the case back to her for clarification. Judge Xinis didn’t hold back in her response, calling the deportation of Abrego Garcia “wholly illegal” and saying the Justice Department had been aware of this fact. She further criticized the DOJ’s claim that more time was needed to review the situation, calling it unrealistic. Xinis emphasized that the government was already on notice that Abrego Garcia’s deportation violated a withholding order, and the administration’s attempt to delay the process was an affront to the law.

Justice Department Requests Delay

In its motion, the DOJ requested that the court extend the deadline for providing the required information, suggesting the administration needed more time to review the Supreme Court’s order. The Justice Department argued that the court’s directive for immediate compliance was “impracticable” and didn’t allow sufficient time to consult on foreign affairs. The government asked for a delay until April 15 and a rescheduling of the hearing to April 16. However, Judge Xinis rejected most of the DOJ’s requests. She granted a two-hour extension, giving the department until 11:30 a.m. to provide the requested information about Abrego Garcia’s detention and the steps taken to facilitate his return to the U.S. She also denied the request to delay the hearing scheduled for the same day.

Deportation Under the Alien Enemies Act

Kilmar Abrego Garcia, a native of El Salvador, was deported on March 15 under a controversial proclamation by former President Trump, invoking the Alien Enemies Act of 1798. The administration aimed to expedite deportations of Venezuelan men accused of gang affiliation without due process, a move widely criticized for its broad and unjust application. Abrego Garcia, who was living in the U.S. under protected legal status, was sent to a notorious work prison in El Salvador despite having no criminal record in either the U.S. or El Salvador. His deportation was later revealed to have been an “administrative error” by the Justice Department. Abrego Garcia’s wife and 5-year-old child are U.S. citizens, further complicating the case and highlighting the deep personal and legal consequences of the government’s actions. Although there has been no evidence linking him to criminal activities, the administration’s failure to provide adequate documentation or rationale for the deportation has led to increased scrutiny.

Ongoing Legal Battle

The legal case surrounding Abrego Garcia’s deportation has continued to unfold in federal courts, with multiple judges now involved in halting deportations without due process under the Alien Enemies Act. This case has raised questions about the legality of such deportations and the responsibilities of the government to uphold the rights of individuals facing removal from the U.S. As the legal battle progresses, the Justice Department faces mounting pressure to comply with court orders and provide clarity on how it plans to rectify the mistake and facilitate Abrego Garcia’s return. The case has already sparked widespread attention, becoming a focal point in ongoing discussions about immigration, deportation policies, and the government’s responsibility to ensure fairness and due process for all individuals.