Federal Judge Rebukes Trump Administration Over Wrongfully Detained Salvadoran Man
Court Orders Government to Comply with Discovery Requests
In a scathing rebuke of the Trump administration’s handling of a wrongful deportation case, U.S. District Judge Paula Xinis issued a sharp order on Tuesday demanding that government attorneys provide complete and truthful answers to discovery requests by Wednesday evening. The case centers on Kilmar Abrego Garcia, a Salvadoran native living in Maryland with his wife and children, who was wrongfully deported to El Salvador’s notorious CECOT mega-prison in March. Judge Xinis didn’t mince words in her written opinion, stating that the government’s objections and misrepresentations of her previous court orders “reflect a willful and bad faith refusal to comply with discovery obligations.” This strongly worded judgment came after the federal judge had already slammed Justice Department attorneys the previous week for their inaction regarding Abrego Garcia’s wrongful detention and had ordered government officials to testify under oath through expedited discovery proceedings.
The judge particularly criticized the government’s approach to privilege claims, calling their invocations “specious” and noting they were made without any supporting information or proper legal analysis. In her order, Judge Xinis emphasized that the government and their counsel had been expressly warned to strictly adhere to their discovery obligations, making their continued use of “boilerplate, non-particularized objections” presumptively invalid. She characterized this behavior as a willful refusal to comply with both her Discovery Order and the governing rules of the court. The judge made it crystal clear that the administration had known since the previous week that her court requires specific legal and factual showings to support any claim of privilege, yet they continued to rely on generic, cookie-cutter assertions. “That ends now,” Judge Xinis declared emphatically in her written opinion, signaling that she would no longer tolerate what she viewed as deliberate stonewalling tactics from government attorneys.
The Background of Abrego Garcia’s Case
The troubling circumstances surrounding Kilmar Abrego Garcia’s deportation highlight serious concerns about due process and government accountability. Abrego Garcia had been living peacefully in Maryland with his wife and children when he was suddenly deported in March to El Salvador’s CECOT mega-prison, despite a 2019 court order that explicitly barred his deportation to that country due to credible fears of persecution. The Trump administration justified this action by claiming that Abrego Garcia was a member of MS-13, the notorious criminal gang that originated in Los Angeles and has strong roots in Central America. However, both his wife and his attorney have vehemently denied these allegations, maintaining that he has no affiliation with MS-13 whatsoever.
What makes this case particularly egregious is that the Trump administration has acknowledged that Abrego Garcia was deported to El Salvador in error—a stunning admission that one would think would lead to his immediate return. Instead, the administration has doubled down, arguing that his alleged MS-13 affiliation makes him ineligible to return to the United States, despite having admitted the deportation was a mistake. This circular logic has troubled the courts, leading to Judge Xinis’s earlier ruling this month that the Trump administration must “facilitate” Abrego Garcia’s return to the United States. That ruling was subsequently upheld by the U.S. Supreme Court in a unanimous decision, though the high court added the caveat that it should be done “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.” Despite these clear judicial directives from both a federal district court and the nation’s highest court, the Trump administration has continued to resist providing information and taking concrete steps to remedy the situation.
Government’s Inadequate Responses to Discovery
In her Tuesday opinion, Judge Xinis found multiple serious deficiencies in how the Department of Justice responded to legitimate discovery requests. One particularly troubling example involved an inquiry seeking the names of all U.S. officials involved in ordering or authorizing Abrego Garcia’s removal and his placement at the CECOT facility. Rather than providing a comprehensive list as requested, the government provided just two names of Department of Homeland Security officials—an answer that Judge Xinis found to be clearly incomplete and made in bad faith. “Given the context of this case, Defendants have failed to respond in good faith, and their refusal to do so can only be viewed as willful and intentional noncompliance,” the judge wrote in her order. She explicitly required the defendants to supplement their answer to include all individuals involved as requested, rejecting the government’s attempt to provide minimal information while technically claiming compliance.
Earlier on Tuesday, before Judge Xinis issued her order, government attorneys had argued that providing detailed information about the legal basis for Abrego Garcia’s confinement would be “wholly inappropriate and an invasion of diplomatic discussions.” In a joint letter outlining the discovery disputes between the parties, the government took the position that once Abrego Garcia was repatriated to El Salvador, his detention was no longer a matter of United States confinement but rather belonged to the government of El Salvador—a point they claimed to have explained to the plaintiffs repeatedly. However, attorneys representing Abrego Garcia countered in the same letter that the Trump administration had responded to their discovery requests by producing “nothing of substance” and providing interrogatory responses that were fundamentally “non-responsive.” They accused the administration of inappropriately claiming state secrets privilege and governmental privilege “without any foundation for doing so,” essentially using these legal protections as a shield to avoid transparency and accountability.
Attempts at Cooperation and Scheduled Depositions
The discovery disputes revealed a pattern of the government avoiding cooperation until absolutely forced to engage. Abrego Garcia’s attorneys stated in their filing that they had invited government officials to meet and confer several times in an effort to resolve disputes informally, but the officials declined to meet until Monday evening—conveniently “on the eve of depositions.” This last-minute engagement suggested an attempt to delay and obstruct rather than genuinely work toward resolution. Department of Homeland Security Acting General Counsel Joseph Mazzara was scheduled to be deposed on Tuesday, according to the joint letter, representing a significant step in holding high-level officials accountable for the decisions made in this case.
Despite all the evidence of obstruction, the government maintained in their letter that they had “put forward a good-faith effort to provide appropriate responses to both Plaintiffs’ Interrogatories and Request for Production.” In a separate filing, attorneys for Abrego Garcia included exhibits showing the government’s objections to the plaintiff’s first set of expedited interrogatories. In these objections, the government argued that “disclosing the details of any diplomatic discussions regarding Mr. Abrego Garcia at this time could negatively impact any outcome.” This reasoning, however, didn’t satisfy Judge Xinis, who saw through what she characterized as pretextual justifications for withholding information that should rightfully be disclosed during the discovery process.
Financial Arrangements and El Salvador’s CECOT Prison
The government’s responses did acknowledge certain facts about financial arrangements with El Salvador that raised additional questions about the broader context of deportations to the CECOT facility. In their exhibit, the government confirmed that $6 million has been made available to the government of El Salvador to be used for its “law enforcement needs,” including for the detention of Venezuelan migrants who were sent to El Salvador’s CECOT mega-prison. However, the government drew a distinction in Abrego Garcia’s case, asserting that he and other Salvadoran nationals are not part of that particular arrangement. “The United States has not provided any specific assistance with respect to the detention of Abrego Garcia or any other Salvadoran national,” the government stated in their response. This distinction, while perhaps technically accurate, doesn’t address the fundamental question of why an admitted wrongful deportation hasn’t been corrected, nor does it explain the legal basis for keeping someone imprisoned in another country when U.S. courts have ordered his return.
The government had also objected to providing any documents or responses to inquiries that pre-dated Judge Xinis’s preliminary injunction order issued on April 4, attempting to limit the scope of discovery to only the most recent events. Judge Xinis rejected this approach as well, writing tersely that “Defendants’ arbitrarily cramped reading of the Court’s order is rejected.” This ruling meant that the government would need to provide information about the entire chain of events leading to Abrego Garcia’s deportation, not just what happened after the court got involved. The judge did show some balance in her order, however, also requiring Abrego Garcia’s attorneys to refine some of their discovery requests which she determined were overly broad, demonstrating that while she was holding the government’s feet to the fire, she was also ensuring that the discovery process remained appropriately focused and proportional to the issues at hand.
Broader Implications for Immigration Enforcement and Due Process
This case represents more than just one man’s wrongful detention—it highlights fundamental questions about government accountability, the rule of law, and the balance of power between the executive and judicial branches. When a federal court issues a clear order and even the Supreme Court unanimously affirms the substance of that order, the executive branch’s continued resistance raises serious constitutional concerns. The fact that Judge Xinis felt compelled to use such strong language, characterizing the government’s behavior as reflecting “willful and bad faith refusal to comply,” suggests a breakdown in the normal processes by which different branches of government respect each other’s roles and authority. The case also shines a light on the Trump administration’s aggressive immigration enforcement tactics and raises questions about how many other cases might involve similar due process violations that simply haven’t received judicial scrutiny.
The human cost of these legal battles shouldn’t be overlooked. Kilmar Abrego Garcia remains separated from his wife and children in Maryland while confined in El Salvador’s CECOT mega-prison, a facility known for harsh conditions designed for gang members and serious criminals. His family continues to suffer the trauma of this separation, not knowing when or if he’ll return home, despite courts at multiple levels finding that he should be brought back. As this case continues to unfold with the government now ordered to provide complete responses by Wednesday evening, it will serve as an important test of whether judicial orders can effectively check executive branch overreach in immigration enforcement, or whether the administration can continue to delay and obstruct indefinitely even in the face of clear legal rulings. The outcome will likely have implications far beyond this single case, potentially affecting how future administrations approach court orders in immigration matters and what remedies are available when the government admits to wrongful deportations.












