A federal judge has challenged the Trump administration to clarify its plans regarding Kilmar Abrego Garcia, an El Salvadoran national recently found to be unlawfully detained in immigration custody. During a hearing on December 18, 2023, US District Judge Paula Xinis expressed frustration over the government’s shifting strategies concerning Abrego Garcia, whose wrongful deportation to El Salvador in March initiated a prolonged legal struggle.
Abrego Garcia was returned to the United States earlier this year to address federal criminal charges, only to find himself held for months at an immigration detention facility in Pennsylvania. Judge Xinis ordered his release on December 11 after determining that the government had unlawfully detained him, citing the absence of a removal order from an immigration judge.
“I’m trying to get to the bottom of whether there are going to be any removal proceedings,” Judge Xinis stated during the hearing. Her inquiries aimed to ascertain what the government intended to do next regarding Abrego Garcia, who is a father of three.
The complexity of the case was evident as Judge Xinis questioned Ernesto Molina, a Justice Department attorney, about the potential for Abrego Garcia to be re-arrested. The judge pointed out that he had already been deported and detained without lawful authority. “I need something to say, ‘OK, they’re not going to just pick Mr. Abrego Garcia up without lawful authority,’” she added.
Molina struggled to provide definitive answers about Abrego Garcia’s future, stating that the Department of Homeland Security had the authority to detain him unless the judge’s order remained in effect. When pressed for details about a possible re-arrest, Molina admitted he had no information to share.
In response, Judge Xinis suggested that if there were no immediate plans to detain Abrego Garcia, she would extend her temporary ruling protecting him from re-arrest. Ultimately, she instructed the government to submit evidence of its intent to arrest Abrego Garcia or confirmation that it would not pursue such action in the coming days.
This hearing marked the first time Abrego Garcia appeared in court since Xinis ordered his return to the United States from a prison in El Salvador. He briefly introduced himself but remained largely silent as his legal team pressed for a more permanent injunction against the government’s ability to detain him again.
“Mr. Abrego Garcia, you almost have a baseball team representing you today – almost,” Judge Xinis remarked, highlighting the extensive legal representation he has received throughout this contentious case.
As the legal battle continues, the outcome remains uncertain for Kilmar Abrego Garcia, whose situation encapsulates the contentious immigration policies of the Trump administration. The judiciary’s role in this complex scenario underscores the ongoing tension between immigration enforcement and individual rights within the U.S. legal system.
