'I will not stop fighting until I see my husband alive': Fight continues over wrongly deported man's return to Maryland
Apr 15, 2025
GREENBELT, Md. (DC News Now) -- The ongoing battle to return a wrongfully deported man to his home in Maryland continued in court Tuesday.
Lawyers for 29-year-old Kilmar Abrego Garcia and the U.S. government appeared before U.S. District Judge Paula Xinis in Greenbelt--a follow-up hearing after s
he ordered the government on Friday to provide her with daily updates on Abrego Garcia's condition.
The hearing comes a day after the president of El Salvador, Nayib Bukele, said he would not return Abrego Garcia home.
On Tuesday, the government maintained its allegation that Abrego Garcia has ties to the MS-13 gang, though he's never been charged with a crime in the U.S. or in El Salvador.
US judge presses Trump administration on its refusal to return Kilmar Abrego Garcia
The government also said that if he were to be brought back to the U.S., he would be detained by the Department of Homeland Security (DHS) upon reentry and deported or removed again due to his alleged involvement with the gang.
Judge Paula Xinis referred back to the U.S. Supreme Court's ruling that the government must "facilitate" his return and said it has not answered the question of what the federal government is doing to bring him home.
The New York Times reported she scolded the administration for dragging its feet in complying with the order.
"To date nothing has been done," Xinis told a lawyer for the Justice Department. "Nothing."
Xinis granted Abrego Garcia's motion requesting "expedited discovery of the Government's actions (or failure to act) to facilitate [his] return to the United States" and other interventions, according to court documents filed Tuesday.
Specifically, his lawyers requested that the U.S. Government provide Abrego Garcia's current physical location and custodial status; what steps, if any, the government has taken and will take to facilitate his return to the United States; as well as terms of any agreement, arrangement or understanding regarding its use of CECOT to house deportees.
Lawyers for the government opposed the motion, contending that it was not consistent with the Supreme Court's order or "the well-established meaning of 'facilitating' returns in immigration law," according to court documents.
Despite their opposition, the court granted the motion.
"Defendants therefore remain obligated, at a minimum, to take the steps available to them toward aiding, assisting, or making easier Abrego Garcia’s release from custody in El Salvador and resuming his status quo ante. But the record reflects that Defendants have done nothing at all," court documents read.
The government was ordered to provide Abrego Garcia's lawyers with their requested information no later than Monday, April 21, at 5 p.m.
Before Tuesday's hearing, Abrego Garcia's wife, Jennifer Vasquez Sura, spoke to reporters in front of a crowd of her husband's supporters.
"It's been 34 days since he disappeared. I stand before [you] filled with spirit that refuses to bring down. I will not stop fighting until I see my husband alive," said Vasquez Sura, who also added that his children have asked when their father is coming back home.
INITIAL COVERAGE: Maryland man mistakenly deported to El Salvador due to ‘administrative error'
Abrego Garcia's deportation
Abrego Garcia was detained by ICE on March 12, during which the agents told him his protected status had changed. They gave his wife a few minutes to arrive and take his son, and then arrested Abrego Garcia without any further explanation, officials said.
Within days of being detained, he was sent to the Terrorism Confinement Center (CECOT) in El Salvador, his home country. However, Abrego Garcia had protected legal status that specifically prohibited his removal to the country.
The Trump administration later admitted that his deportation was an administrative error, but has not taken steps to facilitate his return, despite a Supreme Court ruling ordering them to do so.
On Monday, El Salvador President Nayib Bukele met with Trump and said he has no basis for the small nation to return Abrego Garcia. He called the idea "preposterous."
El Salvador President Bukele says he won’t be releasing a Maryland man back to the US
Government officials continue to claim that Abrego Garcia is an MS-13 gang member despite providing no evidence that he was affiliated with MS-13 or any other gang.
Who is Kilmar Abrego Garcia?
Abrego Garcia came to the United States as a teenager back in 2011, fleeing gang threats in his home country of El Salvador. In 2019, he was arrested over an unfounded allegation that he was involved with MS-13, which placed him in deportation proceedings.
However, an immigration judge ultimately found that Abrego Garcia was the one at risk of being a victim of gang violence. He and his relatives had testified that members were trying to extort them and recruit him and his brother to join. His family had been forced to move multiple times, ultimately leading Abrego Garcia and his brother to flee to the U.S. out of fear.
US Senators from Maryland, Virginia demand return of Maryland man mistakenly deported
The judge said Abrego Garcia would likely face persecution if deported, granting him a form of legally mandated protection: “withholding of removal.”
He had a permit from the Department of Homeland Security to legally work in the U.S. and was a sheet metal apprentice pursuing a journeyman license when ICE arrested him in March, his attorney told the Associated Press. His wife is also a U.S. citizen and they had been living in Maryland with their child. ...read more read less