Judge’s Hearing on Deportee’s Status Raises Questions
On Friday, Judge Paula Xinis convened a hearing concerning Kilmar Abrego Garcia, an MS-13 gang member and accused domestic abuser who was deported to El Salvador. This hearing follows the Trump Administration’s recent invocation of the state secrets privilege, aimed at preventing Garcia’s return to the United States.
Last week, the Department of Justice (DOJ) utilized this privilege in response to a federal judge’s order requiring them to disclose information about Garcia’s imprisonment at El Salvador’s CECOT facility. The judge’s demand for transparency reflects a growing concern over the handling of deported individuals by U.S. immigration authorities.
Judge Xinis’s Frustration with DOJ Tactics
During the hearing, Xinis expressed her exasperation with the DOJ lawyers, accusing them of employing “bad faith” tactics designed to delay proceedings. She noted that depositions from key officials in the Trump Administration were riddled with vague responses, essentially amounting to a series of “I don’t knows.”
XINIS signals frustration with the Justice Department for not making available officials with firsthand knowledge of Abrego Garcia’s status and efforts to facilitate his return, despite her order. She notes the depositions were crammed with “I don’t knows” from the witnesses.
— Kyle Cheney (@kyledcheney) May 16, 2025
Current Status of Abrego Garcia
The DOJ reported that Abrego Garcia has been moved to a penitentiary in Santa Ana, El Salvador. According to Salvadoran officials, he is in “good health” and has even “gained weight” during his incarceration.
MORE: DOJ says there’s been an update on Abrego Garcia from the Salvadoran government. According to El Salvador, he’s being held in a penitentiary in Santa Ana and is in “good health.” He has “gained weight.”
— Kyle Cheney (@kyledcheney) May 16, 2025
Implications of the Hearing
While Judge Xinis did not make an immediate ruling on the Trump Administration’s state secrets claims, Politico reported on her critical remarks about the administration’s approach. She likened her efforts to track down critical information to “a cat with a ball of string,” indicating the frustratingly evasive nature of the government’s responses.
Xinis, an appointee of President Obama, characterized the depositions provided by the administration as “goose eggs,” referring to the lack of substantive information regarding the steps taken to comply with her orders. Her insistence on having witnesses with firsthand knowledge highlights a broader concern over the accountability of government actions, particularly regarding the treatment of deported individuals.
Conclusion
This case illuminates the complexities surrounding immigration enforcement and the accountability of government actions. As the legal battle unfolds, it raises critical questions about the balance between national security and individual rights, especially for those caught in the web of a contentious immigration system.