Jobaaj Stories
A federal judge demands daily updates from the Justice Department after a man deported in error is reportedly in custody in El Salvador—but no one knows where he is.
A Mistaken Deportation Sparks Legal Showdown
The U.S. Justice Department is under fire after it deported Kilmar Abrego Garcia, a Maryland resident and father of three, despite a court ruling that protected him from removal. The deportation was later admitted as an "administrative error" by the Trump administration.
However, when pressed during a Friday hearing, DOJ attorney Drew Ensign couldn’t provide Judge Paula Xinis with basic information—like where Abrego Garcia currently is. The judge was visibly concerned, calling the situation “extremely troubling.”
"I’m not asking for state secrets,” Judge Xinis said. “I’m asking a very simple question: Where is he?”
What the Court Demands Now
In light of the confusion, Judge Xinis has ordered the Justice Department to:
-
Submit daily sworn statements about efforts to bring Garcia back.
-
Appoint someone with firsthand knowledge of his status and location.
-
Clarify what steps are being taken to return him to the U.S.
The filings must answer key questions:
-
Where is Kilmar Abrego Garcia right now?
-
Is he in custody? If so, with whom?
-
What has the government done—and what will it do—to bring him back?
Submissions are due daily by 5 p.m. ET, until the court says otherwise.
Where Is Garcia Now?
His location remains unknown. Garcia’s wife reportedly identified him in a photo from El Salvador’s CECOT mega-prison, a high-security facility that houses suspected gang members. The U.S. government has labeled him a member of MS-13, a gang considered a terrorist group.
However, Garcia was granted protected status in 2019 due to fears of violence in El Salvador. Deporting him violated that order, according to his attorneys.
The Supreme Court Weighs In
Judge Xinis had originally set a midnight April 7 deadline for Garcia’s return. But the administration appealed—first to a federal appeals court, then to the Supreme Court. While the high court didn’t enforce the deadline, it agreed with the lower court that the government must make efforts to bring Garcia back.
However, the justices emphasized that any order must respect the Executive Branch’s role in foreign policy, creating some legal ambiguity.
President Trump Responds
Asked about the controversy, former President Donald Trump said he would comply with a Supreme Court order to return Garcia if one was issued.
“If the Supreme Court said bring somebody back, I would do that. I respect the Supreme Court,” Trump said aboard Air Force One.
However, Trump also claimed not to know the details of this specific case.
Lawyers Slam DOJ's Handling of the Case
Simon Sandoval-Moshenberg, one of Garcia’s attorneys, strongly criticized the DOJ for sending a lawyer with “no personal knowledge” of Garcia’s whereabouts.
“It is quite clear that the government… is playing a game with their lawyers,” he told the court.
The DOJ previously faced backlash when another attorney, Erez Reuveni, admitted in court that he couldn’t answer key questions. He was placed on administrative leave shortly afterward.
What Could Happen Next?
The court has stopped short of immediately forcing compliance but has left the door open for further action. Garcia’s lawyers are allowed to request additional relief if the DOJ fails to meet the court's demands.
Judge Xinis warned:
“We’re not going to slow walk this… The record as it stands is your clients have done nothing to facilitate the return of Mr. Abrego Garcia.”
