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GREENBELT, MD— A federal judge in Maryland is set to make a decisive ruling on the legal fate of Salvadorian migrant Kilmar Abrego Garcia. During a lengthy hearing, which lasted nearly seven hours, U.S. District Judge Paula Xinis expressed her commitment to an expedited order amid escalating tensions regarding the Trump administration’s deportation plans. The hearing has attracted intense media scrutiny and continues to stir controversy in federal court.
The judge concluded the hearing on Friday with assurances that an order would follow promptly. However, the proceedings were marked by repeated objections and numerous requests for side discussions between the legal teams on both sides.
Judge Xinis has overseen various aspects of Abrego’s civil case since March and found the interruptions unusual. Reflecting on her experiences, she remarked, “I’ve always been a proponent of smooth jazz,” noting the abnormal flow of the day’s events.
Some segments of the hearing revealed deeper frustrations. Judge Xinis criticized the Trump administration for not presenting a knowledgeable witness to discuss the efforts surrounding Abrego Garcia’s potential deportation. She characterized the official’s testimony as lacking substance, stating, “This witness knows less than nothing” about the case and the nations involved.
The administration’s shortcomings prompted Xinis to note that they appeared to be acting in direct contravention of a court order, just before adjourning the hearing.
Xinis had convened the evidentiary hearing to evaluate a motion from Abrego Garcia’s legal team. They aimed for his release from immigration detention pending the outcome of the case. The court also sought testimony from a Trump administration official regarding plans to deport Abrego Garcia to Eswatini, the third country proposed for his removal.
Despite the lengthy deliberation, significant issues arose regarding the confusion and inconsistencies in testimonies from Trump officials. The participants struggled to clarify various contradictory statements, particularly the positions of Eswatini, Ghana, and Uganda regarding their willingness to accept Abrego Garcia.
In the courtroom, it became evident that the lawyers for the Trump administration admitted they previously identified three African nations as potential deportation locations. However, they misrepresented the agreements or positions of the two countries. As it currently stands, none of these governments has agreed to accept Abrego Garcia.
The judge focused sharply on these discrepancies during the hearing. She inquired, “Now that we know Costa Rica is on the table, have there been any conversations about removing him there?” DOJ lawyer Drew Ensign replied that there had been none, prompting Xinis to question the administration’s rationale. She highlighted the contradiction by pointing out that the government has expressed its desire to deport him to a country willing to accept him.
Xinis characterized the administration’s insistence on seeking alternative nations for deportation as “hard to swallow,” particularly when evidence indicated Costa Rica was prepared to accept Abrego Garcia.
Crucial details surfaced through hours of rigorous questioning of John Schultz, the Deputy Assistant Director of ICE’s Enforcement and Removal Operations. Despite having two decades of experience at the Department of Homeland Security, he appeared uninformed about Abrego Garcia’s case.
Throughout the questioning, Schultz struggled to address the court’s inquiries related to the deportation plans, including identifying who handled the case within ICE and the status of various requests for deportation.
When asked if he had taken part in the matter earlier, Schultz indicated he had first “looked into his case in March” but could not clarify in what capacity.
Additionally, Trump administration officials disclosed that Eswatini had initially rejected the possibility of accepting Abrego Garcia but indicated that ongoing discussions were underway.
Should Eswatini ultimately agree to accept Abrego Garcia, officials stated they could arrange for a flight within 72 hours, contingent upon a favorable ruling from Judge Xinis regarding her current order keeping him within the U.S. The other two countries, Uganda and Ghana, have merely reiterated their refusals.
Statements from Ghana’s Foreign Minister confirmed that they had unequivocally denied the U.S. request to accept Abrego Garcia. The ambassador conveyed their stance directly to U.S. authorities, solidifying the government’s lack of options.
Abrego Garcia’s attorney, Andrew Rossman, emphasized the absence of guaranteed safety from those three African nations for his client, highlighting that the government’s attempts to identify potential relocation sites reflect no genuine willingness to accept him.
Attorneys argued that Costa Rica is a viable option for deportation. The nation has previously agreed to accept Abrego Garcia, offering assurances about granting him refugee status and complying with international obligations not to return him to El Salvador.
Judge Xinis appeared receptive to the argument that the current detention lacked a valid justification under the law. Her pointed questions aimed at the Trump administration’s representatives displayed her growing exasperation. She questioned their diligence in finding a third country for Abrego Garcia’s relocation.
The administration’s legal team retained the right to appeal any of Judge Xinis’s forthcoming orders. The attorney indicated that an appeal might occur soon after the court adjourned. As the day concluded, Xinis urged the government, reiterating that they face a narrowing margin for error.
“I’m trying really hard to give you the benefit of the doubt,” she stated emphatically. Yet she warned, “It’s getting close to three strikes, you’re out.” Judge Xinis’s firm stance indicates her commitment to uphold the court’s authority and ensure procedural fairness amid a complicated and charged case.