Judge Questions DOJ Over Controversial Deportation of Alleged MS-13 Member

GREENBELT, Md. — A federal judge pressed the Justice Department on Monday about its inconsistent responses regarding the deportation of Kilmar Abrego Garcia, an alleged member of the MS-13 gang.

Abrego Garcia, a Salvadoran native, was deported to El Salvador in March despite being protected from such action due to fears of persecution, according to a 2019 court ruling. The Trump administration claimed he was a gang member, a point Abrego Garcia’s family denies.

U.S. District Judge Paula Xinis demanded clarification on how criminal charges against Abrego Garcia arose while the government simultaneously argued it was unable to retrieve him from El Salvador. Abrego Garcia was indicted on human smuggling charges, even as officials insisted they could not facilitate his return.

“How could you… tell me you had no power to produce him when you’d already secured an indictment against him?” Xinis said during the hearing.

On March 12, Abrego Garcia was detained by Immigration and Customs Enforcement (ICE) on the grounds that he was affiliated with MS-13. Two weeks later, he was deported to El Salvador’s CECOT mega-prison, where his family says he remains at risk.

Xinis expressed frustration over the government’s failure to follow through with her previous orders to return Abrego Garcia. The Justice Department has since appealed her ruling.

Bridget O’Hickey, a DOJ attorney, admitted to Judge Xinis that she was uncertain about the timeline of events related to Abrego Garcia’s deportation and indictment.

The government confirmed it would appeal the Judge’s decision regarding Abrego Garcia’s status and deportation, further complicating an already contentious case.

As of now, Abrego Garcia’s future remains uncertain. Judge Xinis scheduled a follow-up hearing for Thursday to discuss plans for his deportation to a yet-to-be-determined country.