Judge Wants Sworn Testimony of Trump Administration’s Refusal To Return Kilmar Abrego Garcia

GREENBELT, Md. — A federal judge announced on Tuesday she will order Trump administration officials to provide sworn testimony to determine whether they complied with her directives to “facilitate” the return of Kilmar Abrego Garcia, who was mistakenly deported to a prison in El Salvador.

U.S. District Judge Paula Xinis issued the order after administration officials repeatedly refused to retrieve Abrego Garcia from an infamous Salvadoran prison, stating they have defied a "clear" Supreme Court order.

"The Supreme Court has spoken," Xinis declared during the hearing, dismissing Monday's comments from White House officials and El Salvador's president claiming inability to return Abrego Garcia as "two very misguided ships passing in the night."

In her written order published Tuesday evening, Xinis called for testimony from four administration officials from U.S. Immigration and Customs Enforcement, the Department of Homeland Security, and the State Department. She estimated the process would take approximately two weeks.

Xinis wrote that Trump administration officials "have done nothing at all" toward returning Abrego Garcia but "remain obligated, at a minimum, to take the steps available to them toward aiding, assisting, or making easier Abrego Garcia's release."

The hearing followed statements from White House advisers reiterating their claim that they lack authority to repatriate the Salvadoran national. President Nayib Bukele of El Salvador also declared Monday he would not return Abrego Garcia, comparing it to smuggling "a terrorist into the United States."

Abrego Garcia's deportation has become a flashpoint amid President Donald Trump's implementation of campaign promises regarding mass deportations. Following Tuesday's hearing, demonstrators outside the Maryland federal courthouse chanted, "What do we want? Due process. When do we want it? Now!"

Rina Ghandi, an attorney representing Abrego Garcia, suggested contempt proceedings could follow the fact-finding phase. "This is still a win, and this is still progress," Ghandi said. "We're not done yet, though."

Jennifer Vasquez Sura, Abrego Garcia's wife, spoke before Tuesday's hearing about her husband's efforts to achieve the American dream for their family.

"That dream was shattered on March 12th when he was abducted and disappeared by the United States government in front of our 5-year-old-child," she said. "Today is 34 days after his disappearance... I will not stop fighting until I see my husband alive."

Democratic U.S. Senator Chris Van Hollen of Maryland announced he would travel to El Salvador on Wednesday. "My hope is to visit Kilmar and check on his wellbeing and to hold constructive conversations with government officials around his release," Van Hollen stated.

Abrego Garcia, 29, had lived in the United States for approximately 14 years, working in construction and metal work while raising three children with disabilities with his wife, according to court records. A U.S. immigration judge had protected him from deportation to El Salvador in 2019, ruling he would likely face persecution from local gangs that had terrorized his family. He also received a federal work permit.

Despite these protections, the Trump administration deported Abrego Garcia to El Salvador last month, later describing the action as "an administrative error" while simultaneously claiming he was a member of the MS-13 gang—allegations Abrego Garcia has denied and which his attorneys note were based on a criminal informant's claim that he belonged to MS-13 in Long Island, New York, where Abrego Garcia never lived.

Judge Xinis ordered the administration in early April to return Abrego Garcia, a directive the Supreme Court upheld last week when it agreed the U.S. government must "facilitate" his release. However, the White House has resisted intervening, arguing courts cannot intrude on presidential diplomatic powers.

In a Tuesday afternoon filing, administration attorneys stated the government is prepared to facilitate Abrego Garcia's return but warned that his protection from deportation to El Salvador would be removed, potentially allowing for his deportation back to El Salvador or to a third country.

Abrego Garcia's lawyers countered in their own filing that the U.S. clearly has authority to secure his release, noting that the U.S. is paying El Salvador to imprison individuals, including Abrego Garcia, and "can exercise those same contractual rights to request their release."

The case highlights the controversial agreement between the U.S. and El Salvador under which approximately $6 million will be paid for El Salvador to imprison Venezuelan immigrants for one year. President Trump has also expressed support for El Salvador taking custody of American citizens who have committed violent crimes, an arrangement legal experts suggest is likely illegal.