Trump Admin Has 2 Weeks To Show Steps Taken For Returning Salvadoran Man, Judge Orders

Trump officials should “cancel vacations” and “other appointments” until they prove that they have taken steps to return Salvadoran man, Kilmar Abrego Garcia, to the United States, a federal judge ordered on Tuesday.

U.S. District Judge Paula Xinis told Trump administration lawyers during a hearing that they have two weeks to comply with her discovery requests and prove that the administration has sought to bring Abrego Garcia back to the United States, Fox News reported. The White House maintains that his deportation was justified, alleging that the Salvadoran man who was living in Maryland is a member of the violent gang MS-13.

Xinis said that in two weeks, she would look at the Trump administration’s discovery submissions and determine whether it has complied with her order or is in contempt of court.

“Just so everyone knows what my current thinking is, Abrego Garcia already won his injunctive proceedings,” Xinis told Trump’s lawyers. “We’re here today to talk about scope of the remedies.”

“You made your jurisdictional arguments. You made your venue arguments. You made your arguments on the merits. You lost,” the judge added.

Last week, the Supreme Court partially ruled against the Trump administration, pointing to Xinis’ order that it must “facilitate,” but not necessarily “effectuate,” the return of Abrego Garcia. The high court added, “The intended scope of the term ‘effectuate’ in the district court’s order is, however, unclear, and may exceed the district court’s authority.”

Judge Xinis amended her order following the Supreme Court ruling and required that the Trump administration “take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.”

Just before the hearing on Tuesday, Department of Homeland Security acting General Counsel Joseph Mazzara said in a court filing that if Abrego Garcia is returned to the United States, he will immediately be taken into custody by DHS agents and deported to another country, according to Fox News.

In 2019, an immigration judge ordered Abrego Garcia to be deported, citing his alleged involvement in MS-13, but prohibited the federal government from sending him back to El Salvador over concerns that Abrego Garcia would face persecution. Despite the Trump administration previously admitting to mistakenly sending the Salvadoran man back to his home country on a deportation flight, Stephen Miller, the White House deputy chief of staff for policy, said on Monday that Abrego Garcia “was not mistakenly sent to El Salvador.”

“He is an illegal alien from El Salvador,” Miller told Fox News host Bill Hemmer. “In 2019, he was ordered deported. He [has] a final removal order from the United States. These are things that no one disputes. Where is he from? El Salvador. Where is he a resident and citizen of? El Salvador. Is he here illegally? Yes. Does he have a deportation order? Yes.”

Miller then claimed that a “saboteur” within the Justice Department is to blame for stating that Abrego Garcia’s deportation was a mistake.

“A DOJ lawyer – who has since been relieved of duty, a saboteur, a Democrat – put into a filing incorrectly that this was a mistaken removal. It was not. This was the right person sent to the right place,” Miller added.

Trump officials are now saying that they cannot do anything more to bring Abrego Garcia back to the United States, saying that his fate now rests in El Salvador’s hands.

“That’s up to El Salvador if they want to return him,” Attorney General Pam Bondi said. “That’s not up to us.”

Trump’s border czar Tom Homan added, “Now the courts are saying we have to facilitate? We’ll facilitate, but El Salvador has full authority on this.”

Trump met with Salvadoran President Nayib Bukele in the Oval Office on Monday, and the two leaders were asked about Abrego Garcia. Bukele told reporters that it is “preposterous” to suggest that his government would send Abrego Garcia back to the United States.

“How can I smuggle a terrorist into the United States?” he asked.

The White House has slammed the legacy media and Democrats for focusing attention on a man the Trump administration alleges is a violent gang member and sex trafficker. Sen. Chris Van Hollen (D-MD) said on Tuesday that he is on his way to El Salvador with hopes of meeting with “senior government officials to discuss the return of Kilmar Abrego Garcia.”

White House Communications Director Steven Cheung ripped Van Hollen on X, writing, “Chris and his bedwetting friends have shown more concern and sympathy for an illegal MS-13 gang member than victims of horrific migrant crimes. He is a complete disgrace to his office and should be thoroughly shamed for his disgusting actions.”

Chris and his bedwetting friends have shown more concern and sympathy for an illegal MS-13 gang member than victims of horrific migrant crimes. He is a complete disgrace to his office and should be thoroughly shamed for his disgusting actions. https://t.co/ClcUYAccgN

— Steven Cheung (@StevenCheung47) April 16, 2025