A federal judge in Maryland is expected to question the Trump administration Tuesday about its continued refusal to retrieve Kilmar Abrego Garcia from an El Salvador prison, even after the Supreme Court ordered his return to the U.S.
The 4 p.m. hearing in a U.S. District Court comes a day after White House advisers repeated the claim that they lack the authority to bring back the Salvadoran national from his native country. The president of El Salvador also said Monday that he would not return Abrego Garcia, likening it to smuggling “a terrorist into the United States.”
Abrego Garcia, 29, lived in the U.S. for roughly 14 years, during which he worked construction, got married and was raising three children with disabilities, according to court records.
A U.S. immigration judge had shielded Abrego Garcia from deportation to El Salvador in 2019, ruling that he would likely face persecution there by local gangs that had terrorized his family. He also was given a federal permit to work in the United States, according to Abrego Garcia’s lawyers.
But the Trump administration expelled Abrego Garcia to El Salvador last month anyway. Administration officials later described the mistake as “an administrative error” but insisted that Abrego Garcia was a member of the MS-13 in the U.S.
Abrego Garcia was never charged with a crime and has denied the allegations, according to court records. The accusation stems from 2019, when Maryland police arrested Abrego Garcia while he was looking for work as a day laborer outside a Home Depot.
The allegation was based on Abergo Garcia wearing a Chicago Bulls hat and hoodie and the word of a criminal informant who worked with police in Maryland's Prince George's County, court records state.
Abergo Garcia's attorneys have pointed out the criminal informant alleged he was a member of MS-13 in Long Island, New York, where Abrego Garcia has never lived.
The allegation was enough for a U.S. immigration judge to keep Abrego Garcia in jail as his immigration case proceeded in 2019, court records state. And a board of appeals backed that judge's decision.
But the U.S. immigration court ultimately released Abrego Garcia from custody once he was granted protected status from being deported back to El Salvador, according to court records.
U.S. District Judge Paula Xinis had ordered the Trump administration in early April to bring Abrego Garcia back. And the U.S. Supreme Court agreed on Thursday that the U.S. government must “facilitate” Abrego Garcia’s release.
But the White House has balked at trying to broker his return, arguing the courts can’t intrude on the president’s diplomacy powers.
Tuesday's hearing could include strong words from Xinis. She had lambasted a lawyer for the Trump administration at a court hearing on Friday when the attorney couldn’t explain what, if anything, the administration has done to arrange Abrego Garcia's return.
Xinis ordered the U.S. on Friday to provide daily status updates on plans to return Abrego Garcia. The Trump administration responded Saturday that he was alive in the notorious El Salvador prison. But it has only doubled down on its decision not to tell a federal court whether it has any plans to repatriate Abrego Garcia.
In its filing to the judge on Monday, the Trump administration repeated the statement made by El Salvador President Nayib Bukele.
“How can I smuggle a terrorist into the United States? Of course I'm not going to do it. The question is preposterous,” Bukele said.
In a filing with the U.S. District Court on Tuesday, Abrego Garcia's lawyers cited Thursday's order from the Supreme Court to facilitate his return.
“To give any meaning to the Supreme Court’s order, the Government should at least be required to request the release of Abrego Garcia,” the attorneys wrote. “To date, the Government has not done so.”
The attorneys also rejected the idea that the U.S. lacks the authority to retrieve him. They noted that the U.S. is paying El Salvador to hold prisoners, including Abrego Garcia, and “can exercise those same contractual rights to request their release.”
Bukele struck a deal under which the U.S. will pay about $6 million for El Salvador to imprison Venezuelan immigrants for a year. Trump has said openly that he would also favor El Salvador taking custody of American citizens who have committed violent crimes, which is likely illegal.
© Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
39 Comments
TaiwanIsNotChina
A disgusting but revealing action by the MAGAs, using the letter of the law to detain someone in Cecot without charges. Hopefully we will get stronger judicial orders that will be rammed into the Supreme Court until they pay attention.
I'veSeenFootage
This should be more than enough for impeachment already, unfortunately most American politcians (left or right) are cowards.
lincolnman
Good. Let Donald the Dimwit know that our Constitution still forbids him from declaring himself "King"....
And if he still continues to resist, lock him up...
bass4funk
How???
It hasn’t exactly worked out well, for the Dems.
kurisupisu
President Bukele states
“How can I smuggle a terrorist into the United States? Of course I'm not going to do it. The question is preposterous,”
So, is Mr Abrego is a criminal or just a pawn in the game?
I'veSeenFootage
Unlawfully deporting an innocent man, exposing him to cruel and unusual punishment without any form of due process and blatantly ignoring court orders from several judges, Supreme Court included. That's more than a dereliction of duty and well deserving of an impeachment. Unless you're a fascist, of course.
bass4funk
Ok
theFu
Get the head of ICE and Homeland Security in the courtroom. If they don't answer "Yes Judge" when told to get the wrongfully deported person back, lock them in jail for contempt until they do. If needed, let them sit in jail 12 months.
Wasabi
trump does not care about the law, he is just destroying the US and America is letting him do that. Maga new win or is it russia win?
Seth Majer
Do people here not understand the background of Abrego Garcia? I wish people put as much effort in Americans detained abroad as they do this MS-13 gang member who was in the country illegally.
SomeWeeb
And your home is germany circle 1942 or something. Everyone comes from somewhere. Nobody belongs in the US but native americans by your logic.
Blacklabel
He is not returning to the USA.
HopeSpringsEternal
In 2019 TWO US Courts determined that this individual was a Member of MS-13, the 'terrorist' designated gang from El Salvador.
Should the Trump Admin. just bring him back, a citizen of El Salvador who was in the US illegally? You know 'Catch and Release' like Biden Admin, end up with more dead US citizens, usually young women? Not going to happen.
The President of El Salvador was in 1600 yesterday and said it would be illegal for him to release his citizen, this individual in the article, back to the US. Case closed.
Blacklabel
oh boy, what happened to that “3 co-equal branches of government” narrative?
Blacklabel
like an actual “Maryland”woman, mother of 5, murdered by another illegal alien recently. No headlines about her or her family,
KnightsOfCydonia
The fascists don't want him back as it exposes them to the truth. Since he is no longer in the USA and locked up in a foreign prison, this allows the fascists to continue with their accusations he is a "gang banger", "terrorist" without having to show any evidence.
chatanista
KnightsOfCydoniaToday 09:49 am JST
The fascists don't want him back as it exposes them to the truth.
US government is not fascist, time to dial down this false hateful rhetoric.
KnightsOfCydonia
I disagree
I'veSeenFootage
Then where did you hear about it?
funkymofo
The Supreme Court has stated that the government must facilitate his return. Lower courts have said the same thing. Failure to do so provokes a constitutional crisis. Where is the right’s love for the Constitution now? So trump is not a dictator huh, why then is he defying lawful orders from the Supreme Court?
Extradite him and give him due process if the US government contends he is a criminal.
Tokyo Guy
I assume the "officials" have their standing orders, which are (in spirit if not in writing) "laugh at the idea that there's anyone left in the US who can tell us what to do".
Underworld
HopeSpringsEternal
This is not true. No courts have determined that he is a member of MS-13.
He was in the United States legally.
President of El Salvador was lying. He isn’t a terrorist.
Underworld
chatanista
The fascists don't want him back as it exposes them to the truth.
Sending an innocent man to a gulag and then refusing to get him back is fascist.
Underworld
Seth Majer
He isn’t an MS-13 gang member and he wasn’t in the US illegally.
Tokyo Guy
He isn’t an MS-13 gang member and he wasn’t in the US illegally.
I would contemplate writing a program which automatically posts this in response to certain posters, because you know that they're either going to ignore it or claim it's untrue.
The best you can do is post the facts, but at least one third of the US electorate no longer cares about facts.
bass4funk
Yeah, sorry, I don't want to hear the left invoke anything regarding Constitutional rights.
That won't happen. El Salvador is a sovereign nation, and Bukele said he won't comply or break the law over his citizens, and Trump is not going to send SEAL TEAM 6 to get this gang member, it just won't happen.
Underworld
bass4funk
Why?
He won’t be breaking US law. SCOTUS have ordered it.
The administration pay for the imprisonment of the people deported to El Salvador. They can request his return.
Nibek32
Another day another loss for the trump regime.
elephant200
Trump could have sent a CIA hit squad to silence that person to present a law suit against Donnie Trump !
bass4funk
Rhetorical question?
They did, he is not going to break El Salvadorian law and Bukele is not going to help Trump break the US law and smuggle him in or even break his own law.
You try and convince him, then.
bass4funk
Until they get knocked down by the SC again.
HopeSpringsEternal
The Democrats are trying to campaign on this MS-13 gang member, making him a martyr, getting him the most expensive lawyers that money can buy etc.
It's more Democrat insanity, what about protecting their legal voters rather than this person was ordered to be deported back in 2019 and ignored the courts!
HopeSpringsEternal
2 US Courts in 2019 determined he was MS-13 Gang Member and yet Democrats want to pretend he's victim?
US voters won't buy it, as people with common sense want legal lawful vetted immigrants, not EXACT Opposite
HopeSpringsEternal
Being married to US citizen and having kids, doesn't make you innocent, like all his tattoos don't make him guilty, so the higher courts will rule on it soon, meanwhile DJT enjoying this rumble with Democrats!
Underworld
bass4funk
Releasing him and sending him to the United States, doesn’t break El Salvadoran law.
As I said, it doesn’t break US law.
The administration pay for the imprisonment of the people deported to El Salvador. They can request his return.
Doesn’t need to be convinced. It’s in the prison contract.
Underworld
HopeSpringsEternal
This is incorrect. No courts have determined him to be an MS-13 gang member.
He is innocent. So, of course, he’s a victim.
bass4funk
Talk to Bondi then, maybe you can convince her, I am happy where the guy is
Well, they are not bringing him back, so good luck with that. Look up her address or Kash's and write to them.
Underworld
HopeSpringsEternal
Already have. He’s innocent.
DJT isn’t rumbling with Democrats. He’s rumbling with SCOTUS.
Underworld
bass4funk
Releasing him and sending him to the United States, doesn’t break El Salvadoran law.
Bondi has nothing to do with El Salvadoran law.
Doesn’t need to be convinced. It’s in the prison contract.
It’s not me ordering his return. It’s SCOTUS.