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Federal Court Grants Additional Time for DOJ in Kilmar Abrego Garcia Deportation Case
A federal judge has provided the Justice Department with an extension of one week to deliver detailed information regarding its efforts to deport Kilmar Abrego Garcia, an undocumented immigrant and alleged member of the MS-13 gang.
U.S. District Judge Paula Xinis made the decision on Wednesday, granting the Justice Department until April 30 to submit critical testimony and documents. This case has significantly heightened tensions between Democrats and Republicans, highlighting deep divisions on issues of immigration.
Background of the Case
Drew Ensign, a deputy assistant attorney general, filed a sealed motion that requested the stay. In response, lawyers for Abrego Garcia opposed the government’s motion, also under seal in a Maryland federal court.
While Judge Xinis did not elaborate on her legal reasoning, she noted that her decision was made “with the agreement of the parties involved.”
In her order, which was issued on Wednesday evening, the judge highlighted the government’s previous disregard for her orders concerning daily updates on the case. Judge Xinis criticized the administration’s attorneys for what she described as acting in “bad faith” during the legal process.
“That ends now,” stated Xinis, a nominee of former President Barack Obama.
Progress Despite Legal Obstacles
In her eight-page order, Xinis expressed frustration with the defendants, asserting that they have relied on vague claims of privilege as a shield against providing the necessary information. She emphasized the court’s requirement for specific legal and factual justifications to support any privilege assertions.
The judge instructed the administration to comply by providing daily status updates by 6 p.m. Wednesday. Although the U.S. government contends that much of the information is protected due to state secrets and attorney-client privilege, Judge Xinis has rejected these claims and demanded clearer justifications from the Trump administration.
Allegations Against Abrego Garcia
Kilmar Abrego Garcia, 29, was deported last month under the Trump administration’s aggressive immigration policies. The government regards him as an MS-13 gang member and has alleged that he has a history of violent behavior, specifically concerning his wife. President Donald Trump has characterized MS-13 as a terrorist organization, pushing for the deportation of all affiliated individuals.
Recently, Trump used a photograph of Abrego Garcia’s hand, claiming it bore gang tattoos. The deportee was previously stopped by a Tennessee Highway Patrol trooper on December 1, 2022, while transporting eight individuals in an SUV with no luggage, raising suspicions of human smuggling; however, he has never been formally charged with any crime.
Controversy Surrounding Deportation
Abrego Garcia’s legal team vehemently denies that he is connected to MS-13. He was returned to El Salvador and placed in a notorious prison known as the “Terrorism Confinement Center” (CECOT). Officials later acknowledged in court that his deportation constituted an administrative error. Nevertheless, officials close to Trump maintain that the removal was justified, reinforcing claims of his gang affiliation.
Before his deportation, Abrego Garcia lived in Maryland with his spouse and children. Documents released by the Justice Department last week brought to light allegations of domestic violence made by his spouse, Jennifer Vasquez, who accused him of assault.
Legal Developments
Both a federal district court and the U.S. Supreme Court have mandated the Trump administration to ensure the proper legal proceedings for Garcia’s case. Notably, Garcia entered the U.S. illegally in 2011 and received a deportation order in 2019. By two separate judges’ accounts, he was deemed likely affiliated with the MS-13 gang.
In a 2019 hearing, one immigration judge determined that Garcia had not sufficiently refuted evidence linking him to MS-13, thus prompting a withholding order designed to protect him from removal to any location except El Salvador due to threats from rival gangs.
The Supreme Court has affirmed this finding, highlighting that Garcia’s deportation to El Salvador was illegal and required the government to act swiftly in facilitating his release from custody.
White House deputy chief of staff Stephen Miller commented last week that, upon Trump’s declaration of MS-13 as a terrorist organization, Abrego Garcia lost eligibility for any immigration relief within the United States.
Ongoing Legislative and Political Fallout
Attorney General Pam Bondi stated unequivocally that Abrego Garcia will not be allowed to return to the U.S. unless the Salvadoran government makes an alternative decision, insisting, “He is not coming back to our country.”
The case has attracted national attention and intensified partisan disagreements regarding immigration policies. This situation became personally significant for Senator Chris Van Hollen from Maryland, who recently traveled to El Salvador in an effort to advocate for Abrego Garcia’s return. This trip was paid for by taxpayers and followed by another delegation of Democratic lawmakers who joined in the push for his reinstatement in the U.S.
This bipartisan divide continues to characterize discussions surrounding immigration, reflecting broader concerns about national security, human rights, and legal accountability.
As legal developments unfold, the fate of Kilmar Abrego Garcia remains uncertain. The implications of this high-profile case may resonate far beyond individual circumstances, triggering discussions about the nation’s immigration policies and priorities.
Fox News’ Greg Wehner and The Associated Press contributed to this report.
