Maryland Judge Keeps Deportation Case Moving Amid Shutdown

A judge in Maryland has dismissed a request from the Trump administration to delay the deportation of Kilmar Abrego Garcia, an MS-13 gang member, despite the ongoing government shutdown.

During the hearing in Greenbelt federal court, US District Judge Paula Sinis emphasized the importance of proceeding with the case, as it raises significant questions about the legality of the Trump administration’s deportation policies.

The federal government had sought to pause all timelines related to Abrego Garcia’s case during the shutdown. Federal attorneys argued that, due to the shutdown, staff in the Justice Department couldn’t work voluntarily, except under very specific conditions.

“Without the budget, Justice Department attorneys are restricted from working in most cases,” Deputy Attorney General Brett Schmate said during the proceedings.

Interestingly, the US court system will still be funded and operational as it remains closed at least until October 14.

Abrego Garcia’s lawyers opposed the delay, advocating for his release from the Moshannon Valley Processing Center in Pennsylvania.

Judge Sinis challenged government lawyers repeatedly on the details of their efforts to deport Abrego Garcia, a Salvadoran national, to third-party countries like Uganda or Eswatini. Unfortunately, they didn’t provide satisfactory answers.

“That’s not a position you can hold in office. You either did it or you didn’t,” the judge remarked, indicating her frustration. “It’s not a difficult question, guys.”

As the hearing continued, the government’s closure was offered as an excuse for their lack of clarity.

“I’m asking you a really basic question,” Sinis pressed. “What happened… did you have a conversation?”

She gave the government until Wednesday afternoon to bring forth potential witnesses regarding their efforts to ship Abrego Garcia to Eswatini, with a return to court scheduled for Friday.

Outside the courtroom, immigration activist Lydia Walther Rodriguez spoke with reporters, stressing the need to raise awareness regarding the perceived inhumane actions taken against Abrego Garcia and his family.

Abrego Garcia, who arrived in the US illegally in 2012, initially gained national attention in April when he was deported to the notorious Cecot MegaPrison in Central America. After a series of legal battles, he returned to the US.

Despite a court order preventing the Trump administration from sending him back to El Salvador, the federal government is now looking to deport him to another country.

He has also faced human trafficking charges. However, last week, he succeeded in arguing that these charges might be part of a “vindictive” prosecution aimed at retaliating against him for his earlier legal victories.

As for his status, Abrego Garcia is alleged to be associated with the MS-13 gang, and there are concerns regarding potential threats he could face from rival gangs if returned to El Salvador.

He attempted to obtain asylum in 2019 and was denied again earlier this year, which now leaves him vulnerable to deportation to another country.