Federal Judge to Rule Soon on Salvadoran Immigrant’s Deportation Case

GREENBELT, MARYLAND— On Friday, a federal judge in Maryland promised to issue a ruling quickly in a lawsuit involving Salvadoran immigrant Kilmer Abrego Garcia and the Trump administration’s plans to deport him to a third country. This came following a lengthy nearly seven-hour hearing centered on his situation, which has garnered significant media attention and lingered in federal court for months.

U.S. District Judge Paula Kisinis concluded the hearing on Friday night, assuring that an order would follow promptly. The proceedings were frequently disrupted by her disbelieving reactions and multiple requests for private discussions with the attorneys on both sides.

Judge Kisinis noted that such interruptions were atypical for her, given her experience overseeing several trials in Abrego’s civil case since March. She quipped, “I’ve always been a supporter of smooth jazz,” trying to lighten the mood.

However, other moments during the hearing were decidedly less smooth. The judge critiqued the Trump administration for failing to present witnesses knowledgeable about the process surrounding Abrego-Garcia’s potential deportation, claiming those who did testify were uninformed about the case and the country slated for his removal.

“This seems to go against the court’s mandate,” she pointedly remarked before adjourning for the day.

For now, Abrego-Garcia will remain in custody as the judge considers recommendations for his case.

On Monday, Judge Kisinis had ordered an evidentiary hearing to assess a request from Abrego-Garcia’s lawyers for his release from immigration detention while also probing Trump administration officials with direct knowledge of efforts to deport him to Eswatini—a country officials claim is prepared to accept him.

Despite those intentions, the hearing highlighted the government’s struggles. The judge faced extensive contradictions in testimonies from Trump officials about which countries were willing to accept Abrego-Garcia and the timeline of agreements.

The administration’s legal representatives confirmed that three African nations—Uganda, Ghana, and Eswatini—were identified as potential deportation destinations. However, they inaccurately relayed the willingness of both Ghana and Eswatini to accept him, as none had officially consented at the time.

Judge Kisinis probed further into details. “We understand that Costa Rica is a possibility, but were there any talks about sending him there?” she asked Justice Department attorney Drew Ensign, who denied any discussions had taken place.

“Why not?” Kisinis pressed, reiterating the administration’s desire to remove him from U.S. soil while pointing out the contradiction of seeking other countries to take him in.

Judge Expresses Concern Over Government’s Deportation Efforts

Key information emerged after extensive questioning of John Schultz, ICE’s deputy director for removal operations, who struggled to answer simple inquiries related to Abrego-Garcia’s case.

He claimed to have only looked into the case briefly back in March but couldn’t remember the specifics of his involvement.

In the courtroom, Trump administration officials revealed that Eswatini’s government had initially rejected the notion of accepting Abrego-Garcia but were in ongoing talks. They suggested that if an agreement was reached, arrangements could be made for deportation “within 72 hours,” contingent upon the judge lifting the order requiring him to remain in the U.S.

Conversely, Uganda and Ghana were clear in their refusal to accept him. Ghana’s Foreign Minister explicitly stated on social media that his country had communicated its rejection of the U.S. request.

Andrew Rothman, Abrego-Garcia’s lawyer, pointed out the absence of assurances from the three countries, highlighting the administration’s apparent aim to find nations lacking any ties to Abrego-Garcia. Instead, he argued for sending him to Costa Rica, where he faced smuggling charges linked to a previous guilty plea in Nashville.

After turning down a plea deal, the government subsequently notified his attorney of a potential deportation to Uganda, although, at that time, no formal request had been made to the Ugandan government.

Abrego-Garcia’s legal representation claimed he was “ready to board” a plane to Costa Rica if ICE would facilitate his departure. Rothman contended that the court should order his release from detention, arguing that the government is merely holding him as a form of punishment.

Costa Rica had expressed willingness to accept Abrego-Garcia, offering written guarantees that included refugee status and a commitment not to return him to El Salvador, per a 2019 immigration judge’s order.

Judge Kisinis Laments Administration’s Inactions

Judge Kisinis appeared sympathetic to these viewpoints but also voiced her frustration over the government’s failure to produce knowledgeable witnesses in court on multiple occasions.

“By Monday, what steps had been taken to find a third country for Abrego?” she asked, receiving vague answers, to which she responded, “That’s quite troubling.”

As the judge noted, Trump administration attorneys could appeal her forthcoming order to the 4th U.S. Circuit Court of Appeals. A Justice Department representative hinted at such a possibility as the court adjourned.

Kisinis warned the government that they were running out of chances, suggesting they were “closer to ‘three strikes and you’re out.'”