A Maryland judge dismissed a request from the Trump administration on Monday to postpone the deportation proceedings of Kilmar Abrego Garcia, an alleged member of the MS-13 gang, due to the ongoing government shutdown.
During a hearing in Greenbelt federal court, US District Judge Paula Xinis emphasized her obligation to advance the case, highlighting its significance in determining the legality of the Trump administration’s deportation policies, as reported by ABC News.
The federal government had sought to halt all deadlines related to Abrego Garcia’s lawsuit because of the shutdown, claiming that federal attorneys were restricted to work only on urgent matters pertaining to safety and property protection, whether compensated or voluntary.
“Without an appropriation, attorneys from the Department of Justice and employees of the federal Defendants are prohibited from working, even voluntarily, unless in very specific circumstances,” argued Assistant Attorney General Brett Shumate in a court filing.
Despite the shutdown, federal judges will continue to receive their salaries, and the US court system is expected to function normally at least until October 14, as indicated by the courts’ website.
Abrego Garcia’s legal team opposed the government’s request for a delay and insisted that their client should be released from the Moshannon Valley Processing Center in Philipsburg, Pennsylvania, as there appeared to be no imminent steps being taken toward his deportation.
Judge Xinis questioned government attorneys about the actions they had taken to deport Abrego Garcia—a national from El Salvador—to a third-party country such as Uganda or Eswatini, but they failed to provide adequate responses.
“That’s not a viable stance. You have either taken action or you haven’t,” the judge remarked. “It’s really not a complicated question, folks.”
The federal attorneys cited the government shutdown as a barrier to answering her inquiries.
“I’m asking you straightforward questions,” Xinis said. “What steps have you taken… have there been any discussions?”
She ordered the government to provide her with an update by Wednesday afternoon and to present potential witnesses regarding their attempts to send Abrego Garcia to Eswatini, with another court appearance scheduled for Friday.
Following Monday’s proceedings, immigrant rights advocate Lydia Walther-Rodriguez told reporters, “This situation represents more than just one individual; it reflects the principles enshrined in the U.S. Constitution.
“We must keep raising awareness as we bear witness to the inhumane actions taken by our government against a man and his family who are simply fighting for due process.”
Abrego Garcia, aged 29, first gained national attention when he was incorrectly deported to a notorious prison in El Salvador on April 4, subsequently returning to the US after a protracted legal struggle.
However, following a ruling that prevented the Trump administration from deporting Abrego Garcia to El Salvador, officials are now seeking to send him to another country after immigration rulings turned down his asylum request in the U.S.
Additionally, Abrego Garcia is facing human trafficking charges, but he gained a significant victory last week when a Tennessee judge determined that the Department of Justice likely engaged in “vindictive” prosecution in retaliation for his successful fight to be returned to the US.
Abrego Garcia entered the US unlawfully in 2012, and Maryland law enforcement has alleged he is affiliated with the MS-13 gang, a rival of the Salvadoran gang Barrio-18.
His defense team has raised alarms that he would be at risk from Barrio-18 should he return to El Salvador.
His asylum request was denied in 2019 and again this year by an immigration judge, who also put a stop to his removal to El Salvador over concerns for his safety. This last ruling left open the possibility for Abrego Garcia to be deported to a different country.
