A federal judge has pressed the Trump administration for clarity regarding the future of Kilmar Abrego Garcia, an El Salvadoran national whose unlawful detention has sparked significant legal debate. During a hearing on December 11, 2023, US District Judge Paula Xinis expressed her frustration over the government’s shifting plans concerning Garcia’s immigration status.
Garcia’s case has highlighted broader issues surrounding the administration’s strict immigration policies. He returned to the United States earlier this year following his wrongful deportation to El Salvador in March. After being held for months at an immigration detention facility in Pennsylvania, he was released when Judge Xinis determined that his detention was unlawful due to the absence of a removal order from an immigration judge.
Throughout the hour-long hearing, Judge Xinis sought detailed information from the government attorney about any potential removal proceedings against Garcia. “I’m trying to get to the bottom of whether there is going to be any removal proceedings,” she stated. Her inquiry underscored the uncertainty surrounding Garcia’s status, which has been complicated by the issuance of a non-final removal order after her previous ruling. This recent order has raised concerns about the risk of Garcia being taken into custody again.
The government’s position remains unclear. Attorney Ernesto Molina from the Justice Department struggled to provide concrete information on the next steps for Garcia, despite being aware that the Department of Homeland Security holds the authority to detain him unless the judge’s temporary order remains in place. When asked if a final decision had been made regarding Garcia’s re-arrest, Molina admitted he lacked the necessary information.
In response to the ambiguity, Judge Xinis suggested that she would likely extend her order preventing Garcia’s detention until the government could provide a clearer plan. “I need something to say, ‘OK, they’re not going to just pick Mr. Abrego Garcia up without lawful authority,’” she remarked, emphasizing the need for lawful processes.
The hearing was notable as it marked the first time Garcia appeared in the courtroom since his release. He introduced himself but remained mostly silent as his legal team advocated for a more permanent injunction against the government’s ability to detain him again. Judge Xinis lightened the atmosphere at one point, quipping about the number of attorneys present to represent Garcia.
In the coming days, Judge Xinis has directed the government to submit either evidence of its intent to arrest Garcia or a notice indicating it does not plan to do so at this time. The outcome of this case could have significant implications not only for Garcia but also for the broader legal landscape concerning immigration policy and enforcement under the current administration.
