Judge Says She’s Been Given ‘No Evidence’ Deported Maryland Father Is MS-13

A U.S. District Court judge told a Trump administration attorney Friday that she could see no evidence a Maryland father accidentally deported to El Salvador was a member of the MS-13 gang.

Judge Paula Xinis was hearing arguments on March 15 regarding Kilmar Armando Abrego Garcia being sent to El Salvador’s notorious CECOT prison despite a 2019 order preventing his removal to his home country.

The Department of Justice’s attorney, Erez Reuveni, who admitted he had not even brought that order, later asked for 24 hours to persuade his bosses to return the Salvadoran national to the United States.

“I would ask the court to give us, the defendants, one more chance to do this,” Reuveni told the court.

Why It Matters

Abrego Garcia was among the 200-plus immigrants on board two flights that made it to El Salvador despite a judge ordering that the government halt the planes that afternoon. U.S. Immigration and Customs Enforcement (ICE) later said an “administrative error” led to the father’s deportation.

What To Know

The hearing in Greenbelt, Maryland, came after the Trump administration admitted its mistake but said it did not have the power to seek Abrego Garcia’s return, as he was now in El Salvador’s custody.

Judge Xinis appeared to challenge this stance Friday, referring to the U.S.’s $6 million deal to house deportees who are allegedly members of MS-13 and Tren de Aragua (TdA). She said this deal meant the U.S. had some sway over the Salvadoran government.

While the Trump administration has maintained that Abrego Garcia was a confirmed member of MS-13, his attorneys argue this was based on one police report in 2019. That report said the Salvadoran’s clothing—a Chicago Bulls cap and top—and an anonymous tipoff were enough evidence to tie him to the group.

“That’s just chatter in my view. I haven’t been given any evidence,” the judge said.

In court Friday, the government’s attorney, Reuveni, said there was nothing in evidence to support ICE apprehending Abrego Garcia and deporting him now. He also admitted that immigration authorities had not given him enough information on elements of Abrego Garcia’s case.

The judge also tackled the issue of jurisdiction, which the Trump administration has tried to argue in different deportation cases. She said that because this was an issue of “outright illegality” on the government’s part, she could hear the case.

What People Are Saying

Judge Paula Xinis, speaking in court on Friday: “There is no factual basis anyone can hold Mr. Abrego Garcia. The U.S. or El Salvador.”

Jennifer Stefania Vasquez Sura, Kilmar Armando Abrego Garcia’s wife, at a press conference on Friday: “We must fight for our husbands, our children, our neighbors, our loved ones. Fight for Kilmar and fight for all the immigrant families, lighting a candle for the loved ones disappeared by this administration.”

What’s Next

Reuveni asked for more time to get the administration to bring Abrego Garcia back. Any decision could have ripple effects on the others taken to CECOT nearly three weeks ago.