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Attorneys representing Kilmar Abrego Garcia filed a motion Thursday in a Maryland court, seeking sanctions against Trump officials for their alleged defiance of court orders. The lawyers labeled the administration’s actions as “egregious” and called for significant fines and penalties.
According to the legal team, the Trump administration misled the court for numerous months by claiming it could not retrieve Abrego Garcia from El Salvador, where he was mistakenly deported in March. However, they argued that last week’s decision to bring him back to the United States to face criminal charges in Tennessee demonstrated the administration’s capability to facilitate his return all along.
“The Government’s defiance has not been subtle,” the legal representatives emphasized in court filings. “It has been vocal, sustained, and flagrant.”
Abrego Garcia’s family initiated legal action against the Trump administration in March following his abrupt deportation to a Salvadoran prison known for housing terrorists. Previously, an immigration judge ruled in 2019 that while he could be deported, he should not be sent back to El Salvador.
Department of Justice attorneys acknowledged in court that the deportation to the prison was a mistake. Despite this admission, they maintained for months that the Trump administration lacked control over El Salvador and therefore could not reverse the deportation.
Garcia’s attorneys contended that he, an alleged MS-13 gang member, did not receive adequate due process. Both the lower court and the Supreme Court concurred with this view, requiring the Trump administration to facilitate his return in a manner aligned with immigration laws.
In April, Judge Paula Xinis, an Obama appointee, issued an order mandating that Garcia be returned to the U.S. as promptly as possible. Simultaneously, she instructed the Trump administration to keep Garcia’s family informed regarding the steps taken to facilitate his return through depositions and other discovery methods.
In response to the court orders, the Trump administration opted to assert various privileges rather than comply with the discovery requests. They continued to contend that returning Garcia was impossible.
On Thursday, Abrego Garcia’s legal team highlighted multiple instances of statements made by Trump officials outside the courtroom, which they argued suggested a lack of intention to aid in facilitating his return. For instance, U.S. Attorney General Pam Bondi stated in April that Garcia “is not coming back to our country… There is no situation ever where he was going to stay in this country. None, none.”
Abrego Garcia’s attorneys accused the defendants of defying judicial orders, misrepresenting facts, and even questioning the court’s authority. Such actions, they claimed, are unacceptable in a legal system that upholds the rule of law.
The deportation of Abrego Garcia has turned into a significant focal point amidst the Trump administration’s broader immigration policy initiatives. His case highlights the administration’s struggle to balance a stringent immigration agenda with the legal rights afforded to undocumented immigrants.
As the first known incident of the Trump administration potentially failing to uphold due process, Garcia’s situation has drawn considerable attention and scrutiny.
Abrego Garcia’s legal representatives urged Judge Xinis to impose sanctions on the Trump officials involved in the alleged defiance of court orders. They recommended penalties that include substantial fines, civil contempt of court, and reimbursement of court costs.
On June 6, the Department of Justice announced that a grand jury had indicted Garcia on three counts of trafficking illegal immigrants and conspiracy. Shortly thereafter, he made an initial court appearance in Tennessee, marking his first sighting in the United States since his deportation.
Meanwhile, DOJ attorneys informed Judge Xinis that they would request the dismissal of the Maryland civil case, asserting that the matter is now moot since Garcia has returned to the U.S.
The unfolding situation surrounding Kilmar Abrego Garcia underscores the complexities of immigration law and the responsibilities of government authorities in adhering to court orders. As this case progresses, it raises critical questions about due process and the safeguarding of rights within an often contentious political landscape.
Legal experts predict that the outcome of this case will have significant implications, not only for Abrego Garcia but also for future immigration proceedings. Pressure is mounting on the Trump administration to provide a clear and lawful resolution to the situation, ensuring accountability at every level of governance.