A federal judge in Maryland is taking a firm stand in a high-stakes immigration case involving Salvadoran migrant Kilmar Abrego Garcia. U.S. District Judge Paula Xinis ruled on Monday that the Trump administration could not delay Garcia’s deportation proceedings, citing the ongoing government shutdown. Instead, she mandated both parties to return to court on Friday, this time requiring a government official to testify under oath regarding plans to deport Garcia to Eswatini, a small nation in southern Africa.
Garcia’s complicated journey began with his deportation to El Salvador in March, attributed to what the Trump administration termed an “administrative error.” After being sent back to El Salvador, he was quickly brought back to the U.S. in June, following an indictment on unrelated charges in Tennessee. Judge Xinis expressed frustration during a Monday status hearing, pointing out the government’s apparent lack of preparation. “You come to court prepared,” she scolded the Justice Department lawyers, emphasizing that it is the government that bears the burden of proof in this case.
During the court proceedings, Xinis rejected attempts by the administration to use the shutdown as an excuse for their inability to provide timely information on Garcia’s detention and deportation plans. She questioned the delay after the Justice Department lawyers took a 30-minute recess, returning without new information. “I’m finding it very hard to believe that there’s some magical information you’re going to get with another 30 minutes,” Xinis remarked, underscoring her expectation for substantive answers.
Judge Xinis demanded further accountability from the Justice Department, specifically asking about the timeline of communications with Eswatini regarding Garcia’s potential deportation there. She warned that the upcoming hearing must include a witness with direct knowledge of Garcia’s situation, unlike a previous witness who, as she noted, “knew nothing” and seemed “purposely” unprepared to answer critical questions. Her strict expectations reflect not only the legal intricacies involved but also the fundamental rights at stake in Garcia’s case.
Garcia’s legal team had previously filed an emergency habeas request in August to prevent his deportation. They argued that he should be allowed to remain in the U.S. so that he can access due process protections before facing removal to a third country. Judge Xinis, in rejecting the government’s bid to postpone proceedings, reaffirmed her commitment to considering all facets of the case, asserting that the matters at hand extend beyond Garcia’s immediate habeas request.
Garcia’s situation showcases not only the challenges of immigration law but also the intricate interplay between individual rights and governmental authority. Judge Xinis’s approach emphasizes the importance of due process and transparency, particularly when dealing with individuals facing deportation. Her handling of the case will be a pivotal moment for Garcia and may set precedents for similar cases in the future.
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