A US federal judge has sharply rebuked the Trump administration for its failure to secure the return of a man wrongly deported to El Salvador, ordering officials to produce details under oath about their attempts to return him in two weeks.
A Federal Judge’s Rebuke: The Administration’s Failure to Comply with a Supreme Court Order
The US district judge Paula Xinis sharply rebuked the Trump administration for its failure to secure the return of Kilmar Ábrego García, a man wrongly deported to El Salvador. The administration had taken no steps to comply with a contentious supreme court ruling that ordered them to ‘facilitate‘ García’s return.
Paula Xinis is a United States District Judge of the District Court for the District of Maryland.
She was nominated by President Barack Obama on May 23, 2014, and confirmed by the Senate on March 12, 2015.
Prior to her appointment as a judge, Xinis served as an Assistant United States Attorney for the District of Maryland from 2003 to 2010.
She also worked as a law clerk for Judge Roger W. Titus in the same district.
The Administration’s Narrow Reading of the Supreme Court Order
The lead lawyer for the administration, Drew Ensign, argued that the administration was powerless to bring back García beyond removing domestic obstacles. However, Judge Xinis rejected this narrow reading of the order, noting that it meant officials needed to secure García’s release. She also pointed out that the administration had previously taken different positions on the meaning of ‘facilitate‘.
The Judge’s Order for Disclosure
The judge ordered the administration to produce details under oath about its attempts to return García to US soil in two weeks. This is an unusually expeditious timeline, indicating how she intends to move with the case. Ábrego García‘s lawyers will be able to depose up to six officials, including Robert Cerna and Joseph Mazarra.
The Administration’s Defiance
The judge’s rebuke was direct and unimpressed by the administration’s arguments. She told Ensign to ‘cancel vacation‘ and ‘cancel appointments‘, implying that he should put aside his personal schedule to comply with her order. The hearing was a significant development in the case, and Ábrego García‘s lawyer Rina Gandhi called it a win, despite saying they were not yet done.
In a significant decision, Judge Paula Xinis ruled against the Trump administration's attempt to limit asylum claims.
The judge blocked a policy that would have forced asylum seekers to wait in Mexico while their cases were being processed.
This ruling was seen as a major victory for immigration advocates who argued that the policy was inhumane and unconstitutional.
According to court documents, over 50,000 migrants had been sent back to Mexico under this policy.
Judge Xinis' decision was based on concerns about the safety of asylum seekers in Mexico and the potential for prolonged delays in their cases.
A Case About Bad Faith
The case is also about the government’s bad faith in removing García from the country without taking action to fix the situation. Ábrego García‘s lawyer accused the administration of acting in bad faith and failing to comply with the supreme court’s order. The hearing marked a significant escalation in the dispute between the administration and the courts.
The judge’s rebuke is a stern warning to the administration about its compliance with the law. As the case moves forward, it remains to be seen how the administration will respond to the judge’s demands for disclosure and action.
Judge Paula Xinis is a federal judge serving on the United States District Court for the District of Maryland.
In her judicial philosophy, she emphasizes the importance of fairness and impartiality in the courtroom.
According to court records, Judge Xinis has spoken out against what she sees as overreach by the executive branch, citing concerns about presidential power and the separation of powers.
Her rebuke highlights the need for checks and balances in government, ensuring that no one branch dominates the others.
