The Trump government failed on Friday the order of the Judge of the District of Maryland, Paula Xinis, who demanded to explain how will return to the United States to Kilmar Abrego García, the Salvadoran who deported by mistake to El Salvador. Xinis extended the deadline for two hours, until 11.30 in the morning, to receive the information, but the lawyers of the Department of Justice alleged that they have not had enough time. “The defendants cannot provide the information requested by the Court within the impracticable period established by the Court hours after the Supreme Court issued their order,” they said in their response.
The magistrate was deportation of Abrego García, after the government itself admitted that its transfer was made despite this, the administration has refused to initiate efforts for its return arguing that it is already in custody of the Government of El Salvador. Xinis asked to receive the information about the steps that the government will continue to get its return, after this Thursday the Supreme Court supported its ruling on April 4, in which it required that the Executive “facilitate” its return. that he shared “the steps he has taken” to get the return of Ábrego García, in addition to “the future steps” he prepares.
Xinis has ordered the lawyers of the Department of Justice to deliver daily updates on three issues: the Ábrego location and the status of their custody, what efforts have been made to return it to the United States and what efforts will be made.
Government lawyers said they are trying to understand what the magistrates refer to “facilitating” or “making” the return of the Salvadoran. By giving the reason to Xinis, the Supreme ordered that the government “facilitate” the return of the Salvadoran, but showed reluctance regarding the term “carry out”, also collected in the magistrate’s ruling. “The scope of the term ‘carry out’ [el regreso] In the order of the District Court it is not clear and could exceed the powers of the Court, ”he wrote.
The Salvadoran, 29, was deported on March 15 to El Salvador with other compatriots and more than 200 Venezuelans, who are imprisoned in built by the Salvadoran president, Nayib Bukele. The Government made the transfer without a court order, protecting themselves in the Law of Foreign Enemies of 1798. The detainees were accused of belonging to the M-13 gangs and Aragua Train, considered terrorist groups by Trump.
The lawyers and relatives of Abrego García, who lacks criminal records, have denied any link with violent bands. When deporting it, the government jumped a court order that since 2019 protected him from deportation. The Salvadoran was arrested in that year under an accusation of belonging to the M-13 that was never tested and left free without charges. A judge granted him the protection so that they did not send him back to El Salvador for fear of what the gangs could do to him. Ábrego García left his country at age 16 fleeing death threats from violent groups. He currently resided in Maryland with his wife and three children (two of them from his wife and an earlier relationship) and worked as a metallurgical worker.
The government’s refusal to provide the required information reinforces the confrontation that is taking place between the current administration and the Judiciary, since it is not the first time that it maintains a pulse with the courts. The lawyers of the Department of Justice ended their argument by stressing that “foreign affairs cannot operate according to judicial deadlines, partly because they imply specific sensitive considerations of each country, totally inappropriate for judicial review.”
