U.S. District Judge Paula Xinis is weighing contempt proceedings against the Trump administration. This is a result of their widespread mishandling of Abrego Garcia, a foreign national under the jurisdiction of asylum law who was wrongfully deported to soil filled with violence in El Salvador. The events surrounding Garcia’s deportation have drawn attention due to the government’s admission that the removal was unlawful, raising questions about judicial authority and immigration enforcement.
Abrego Garcia, who came to the United States illegally, was deported on March 15. The Supreme Court later declared that his removal was unconstitutional. Notably, the court cited a prior 2019 immigration judge’s order that barred his deportation to El Salvador, where he was taken to a notorious prison upon removal. Garcia’s record in the U.S. and Salvador is free of red flags. The U.S. government has nonetheless labeled him a member of the MS-13 gang and charged him with engaging in human trafficking.
The case became one of the most high-profile cases at the center of civil immigration enforcement policy and practice. Garcia’s wife, Jennifer Vasquez Sura, stated that he dedicated himself to achieving their family’s American dream. She lamented the fact that he is presently languishing in a foreign prison and the psychological impact that has had on their family.
As Judge Xinis herself has said all along, the government’s failure to act on Garcia’s case was a dereliction of duty. She continued that the administration has failed to provide any good faith justification for its actions. It was an inadequate response to the Supreme Court’s ruling.
“I’ve gotten nothing. I’ve gotten no real response, and no real legal justification for not answering,” – U.S. District Judge Paula Xinis
As for Garcia’s purported gang affiliation, Garcia’s legal team vigorously contests the government’s allegations. Their argument is not that this particular deportation was inappropriate behavior on the part of ICE/CBP, etc. They’ve gone so far as to demand that the court find the administration in contempt for doing nothing. If that proves insufficient, they stand prepared to seek further sanctions.
The El Salvador detainment of Garcia has been described by his legal representatives as “inexplicably” extended. They’re calling for immediate action to rectify this egregious situation. Judge Xinis has made clear her dissatisfaction with the administration’s reluctance to settle the case in a timely fashion.
“This case isn’t about whether Abrego Garcia is a ‘terrorist:’ This case is about the government unlawfully, and admitting to unlawfully, removing a gentleman from this country, from Maryland, from his home, his children, and taking no actions, no meaningful steps to fix them, as ordered by the Supreme Court in a unanimous decision,” – Karoline Leavitt, White House press secretary
The case has undeniably media attention and generated tremendous public interest. Its implications for the enforcement of immigration law and policy are profound. Continue reading The Trump administration’s defense To defend the Trump administration’s actions in this case, here’s Leavitt restating the government’s argument that Garcia was a gang member.
“Abrego Garcia was a foreign terrorist. He is an MS-13 gang member. He was engaged in human trafficking. He illegally came into our country, and so deporting him back to El Salvador was always going to be the end result,” – Karoline Leavitt, White House press secretary
As the proceedings unfold, Judge Xinis continues to evaluate the government’s compliance with her orders and the legitimacy of Garcia’s continued detention.
“Who authorized his initial placement there and who presently authorizes his continued confinement?” – U.S. District Judge Paula Xinis
The outcome of this case could have far-reaching implications for similar cases involving deportation and judicial oversight of immigration policies. The legal community is particularly interested in Xinis’ decision on whether to hold the Trump administration in contempt.