Federal District Judge Paula Xinis ripped into the Trump administration on Friday in a hearing related to the deportation of El Salvadoran national Kilmar Abrego Garcia, saying government officials are bogging down the process with “I don’t knows.”
Newsweek reached out to the Department of Justice (DOJ) via online form Friday for comment.
Why It Matters
Abrego Garcia was detained in 2019 and has since been accused of being a member of the MS-13 El Salvadoran gang, which President Donald Trump‘s administration has designated as a foreign terrorist organization.
He and his lawyer have denied involvement in the gang, but two judges, in separate rulings, concluded that he was an MS-13 member, based on confidential information provided to the court.
Abrego Garcia was shielded from deportation to his native country because he said that he would be a target of MS-13’s gang rivals. He was ultimately deported to El Salvador after being arrested in what Trump administration lawyers called an “administrative error” but not “misconduct.”
His family denies any ties to gangs and Abrego Garcia has no criminal record in the United States. In 2021, his wife, Jennifer Vasquez Sura, accused him of domestic violence and filed paperwork to obtain a restraining order, but says they have since reconciled.
In an exclusive statement to Newsweek, Vasquez Sura said, in part: “Things did not escalate, and I decided not to follow through with the civil court process. We were able to work through the situation privately as a family, including by going to counseling.”
What To Know
In court on Friday, Trump officials were asked about updates regarding the process to facilitate Abrego Garcia’s return to the United States.
According to Politico reporter Kyle Cheney, the judge expressed frustration with the DOJ amid questioning, saying that depositions with the available Justice Department officials were filled with “I don’t knows” from the witnesses.
Scripps News correspondent Ava-Joye also noted this back-and-forth, saying on X, formerly Twitter, that lawyers for Abrego Garcia wanted to know his custodial process, the future of his facilitated return and “who are the knowledgeable people.”
“Judge said it has taken a long time for her law clerks to count up the ‘I don’t knows,’” Ava-Joye reports.
According to The New York Times, Xinis also expressed frustration with the Trump officials, accusing them of “deliberately stonewalling lawyers” for Abrego Garcia and exhibiting “a willful refusal to answer the question” about what U.S. officials have done to facilitate his return.
The government’s use of the state secret privilege also was discussed, as the judge again railed against the administration’s reason behind invoking it: “There’s simply no details,” adding, “This is basically ‘take my word for it,’” the Associated Press (AP) reported.
Trump was also dealt a legal blow on Friday by the Supreme Court in a 7-2 ruling, temporarily blocking his administration from using the Alien Enemies Act to detain or deport Venezuelan nationals.
What People Are Saying
Homeland Security posted to X on Wednesday: “Kilmar Abrego Garcia is a confirmed MS-13 terrorist, wife beater, and human trafficker. We have confronted the media and public with overwhelming evidence. Still, members like @RepSwalwell continue to call him a victim while ignoring the REAL victims: the women he battered, the children he terrorized, and the communities he endangered. It’s astonishing Democrats spend more time fighting for criminal illegal aliens than law-abiding Americans.”
Democratic Senator Chris Van Hollen of Maryland posted to X on Thursday: “Today Republicans blocked our bill to hold the Trump Admin and the government of El Salvador accountable for their conspiracy to violate due process rights of people living in the U.S. This isn’t just about Mr. Abrego Garcia — this is about defending the rights of ALL. Shameful.”
Trump posted to Truth Social on Friday after the Supreme Court ruling: “The Supreme Court has just ruled that the worst murderers, drug dealers, gang members, and even those who are mentally insane, who came into our Country illegally, are not allowed to be forced out without going through a long, protracted, and expensive Legal Process, one that will take, possibly, many years for each person, and one that will allow these people to commit many crimes before they even see the inside of a Courthouse.”
Trump continued, “The result of this decision will let more CRIMINALS pour into our Country, doing great harm to our cherished American public. It will also encourage other criminals to illegally enter our Country, wreaking havoc and bedlam wherever they go. The Supreme Court of the United States is not allowing me to do what I was elected to do.”
Trump concluded by saying, “Sleepy Joe Biden allowed MILLIONS of Criminal Aliens to come into our Country without any ‘PROCESS’ but, in order to get them out of our Country, we have to go through a long and extended PROCESS. In any event, thank you to Justice [Samuel] Alito and Justice [Clarence] Thomas for attempting to protect our Country. This is a bad and dangerous day for America!”
What Happens Next
It is unknown when or if Abrego Garcia will return to the United States, but Trump lawyers in court said that if he returns, he will “never walk free,” the AP reports.
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