Updated Apr 16, 2025 - Politics & Policy

Judge in deportation case threatens Trump admin with contempt of court

Sareen Habeshian

* Family, friends and supporters listen to Attorney Rina Gandhi speak about Kilmar Abrego Garcia, who was mistakenly deported to El Salvador after Federal Court on April 15, 2025 in Greenbelt, Maryland. — Family, friends and supporters of Kilmar Ábrego García, who was mistakenly deported to El Salvador, in Greenbelt, Maryland, on Tuesday. Photo: Tasos Katopodis/Getty Images

If the Maryland man erroneously deported to El Salvador manages to return to the U.S., he will be detained and removed from the country, the Department of Justice said in a court filing Tuesday.

The big picture: The Trump administration is resisting the court's orders to return Kilmar Armando Ábrego García from a notorious Salvadorian prison, despite conceding that he was deported in an "administrative error" — and a federal judge later Tuesday wouldn't rule out holding the government in contempt of court, per multiple reports.

State of play: U.S. District Judge Paula Xinis said at a hearing the Trump administration will be required to provide documents and answer questions to show what's being done to "facilitate" Ábrego García's release, per the New York Times.

"To date nothing has been done," Xinis said to the DOJ lawyer, per the NYT.
"If everyone is operating in good faith, this will get done in two weeks," said Xinis, declining to immediately hold the Trump administration in contempt, according to the Washington Post.
"If you're not, that will be a fact in and of itself for this court to consider," she added. "If I make a finding of contempt, it will be based on the record before me."

Zoom in: The DOJ said in its filing earlier that Ábrego García would either be removed to a country that's not El Salvador or the government would seek to "terminate" his "withholding of removal" status and send him back to El Salvador if he were returned to the U.S.

The update came in response to Xinis' earlier order that the government provide daily updates in his case.

Tuesday's update did not provide information on steps the government is taking to return Ábrego García to the U.S., as Xinis requested.

Catch up quick: The Supreme Court ruled last week that the Trump administration must take steps to facilitate Ábrego García's return.

But the Trump administration argued Monday that simply means if El Salvador asks to send him back, the U.S. has to help.
El Salvador President Nayib Bukele said he can't return Ábrego García to the U.S., nor will he release him within El Salvador.

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Editor's note: This story has been updated with the latest details in the case.

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Judge in deportation case threatens Trump admin with contempt of court

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