Judge Orders Expedited Discovery Over Man Wrongfully Deported to El Salvador

Judge Orders Expedited Discovery Over Man Wrongfully Deported to El Salvador

A federal judge in Maryland has ordered an expedited fact-finding process to determine whether the Trump administration is complying with her directive to “facilitate” the return of Kilmar Abrego Garcia, a man who was mistakenly deported to El Salvador and is currently being held in one of the country’s notorious mega-prisons.

US District Judge Paula Xinis, during a tense hearing on Tuesday in Greenbelt, expressed frustration over the lack of progress in the case. She said the daily sworn statements submitted by administration officials failed to show meaningful action.

“I do need evidence in this regard because to date what the record shows is nothing has been done,” Judge Xinis said, addressing a Justice Department attorney in court. She emphasized her need for discovery to determine whether her orders were being followed.

The judge indicated that some of the discovery could involve depositions of the officials who have been submitting daily updates. “It’s going to be two weeks of intense discovery,” she stated. “Once we have a record, we’ll take it from there.”

This development marks the latest chapter in an escalating standoff between Judge Xinis and DOJ attorney Drew Ensign. The judge repeatedly pushed back on the arguments made by the government and appeared visibly frustrated with how the case has progressed since the Supreme Court largely upheld her order last week, directing the administration to take action to bring Abrego Garcia back to the United States.

“It is a fact now of this record that every day Mr. Garcia is detained in CECOT is a day of irreparable harm,” she said, referencing the Salvadoran prison where he is being held.

The hearing followed a White House meeting between Salvadoran President Nayib Bukele and US officials, including President Donald Trump. Bukele said he had the power to release Abrego Garcia but was unwilling to do so. Judge Xinis dismissed those remarks during the hearing, saying, “I don’t consider what happened yesterday as really evidence before this court — yet.”

Abrego Garcia’s attorney, Rina Gandhi, welcomed the judge’s decision. Speaking to CNN, she said, “We’ll never be satisfied until Kilmar is back. So, no, the fight is not over. But I do consider this day to be a win. We did get our expedited discovery granted. And we have a plan.”

Dispute Over the Meaning of “Facilitate”

A key point of contention in the case is the interpretation of Judge Xinis’s order for the administration to “facilitate” Abrego Garcia’s return. DOJ attorneys argue that the term should be narrowly understood to mean the removal of domestic barriers only, citing constitutional limits on judicial authority in foreign affairs.

In a weekend court filing, they wrote, “Taking ‘all available steps to facilitate’ the return of Abrego Garcia is thus best read as taking all available steps to remove any domestic obstacles… No other reading of ‘facilitate’ is tenable — or constitutional — here.”

Judge Xinis rejected that argument outright, saying it contradicts the plain meaning of the word. “When a wrongfully removed individual from the United States is outside the borders, it’s not so cut and dry that all you have to do is remove domestic barriers,” she said.