Judge orders Trump administration to provide updates on mistaken deportation case
Apr 11, 2025
WASHINGTON (NEXSTAR) - A federal judge is once again pressing the Trump administration to take immediate action in the case of a man mistakenly deported to El Salvador. The decision follows a Supreme Court ruling Thursday that upheld an earlier order for Kilmar Abrego Garcia to be returned to the Un
ited States.
Garcia, 29, has no criminal record and was lawfully employed in the U.S. when he was deported last month. The Trump administration had accused him of being affiliated with the MS-13 gang, a claim his attorneys dispute.
“This afternoon we were back in front of Judge Zennis,” said Simon Sandoval-Moshenberg, Garcia’s attorney. He and Garcia’s family say they are hopeful the month-long ordeal may soon come to an end.
On Friday, the judge ordered the administration to provide daily updates on Garcia’s status and efforts to bring him back to the U.S. The government has acknowledged that Garcia's deportation was a mistake.
“The government needs to take all steps reasonable to facilitate the return of Mr. Abrego Garcia to the United States,” Sandoval-Moshenberg said outside the courthouse. “What is his custodial status? What has the government done to try to bring him back? And what is the government planning to do to carry out the court’s order?”
While Justice Department attorneys told the court they intend to comply, the tone at the White House appeared more measured.
“The Supreme Court made their ruling very clear last night, that it’s the administration’s responsibility to facilitate the return, not to effectuate the return,” said White House Press Secretary Karoline Leavitt.
Sandoval-Moshenberg criticized the delay, noting the flight from El Salvador is only five hours. “They’ve had plenty of time, he should be here in the United States.”
Legal experts say the situation may be more complicated than it appears. George Washington University law professor Paul Schiff Berman said while the court order is unambiguous, the U.S. cannot act alone.
“The person is being held by the El Salvadoran government, not the U.S. government, so the U.S. can’t simply do it unilaterally,” Berman said.
“One would think that the U.S. government could request that he be handed back.”
The Trump administration told the judge Friday it currently has no knowledge of Garcia’s exact whereabouts.
El Salvador’s president has not commented on the case but is scheduled to meet with President Trump at the White House on Monday. ...read more read less