Trump Administration Claims Courts Lack Authority to Reverse Deportations of Wrongly Deported Man

WASHINGTON — The Trump administration is contesting a Maryland federal court’s authority to mandate the return of Kilmar Abrego Garcia, who is currently imprisoned in El Salvador. The U.S. Supreme Court had previously directed officials to “facilitate” his return.

In a recent ruling, the presiding judge denied a request from the Department of Justice (DOJ) for a 30-day extension to file briefs. Abrego Garcia has been incarcerated since March.

In a brief submitted to the U.S. District Court for the District of Maryland, DOJ lawyers argued that the court cannot proceed with its case because Abrego Garcia is not in U.S. custody. “This Court lacks jurisdiction because Abrego Garcia is not in United States custody, his injury is not redressable by this Court,” the brief stated.

This argument parallels one previously made in the District of Columbia, where a judge is weighing whether deported men are still under U.S. jurisdiction due to an 18th-century law—the Alien Enemies Act of 1798. The U.S. government is funding the detention of these men, including Abrego Garcia, at a severely criticized mega-prison in El Salvador.

Abrego Garcia was part of nearly 300 individuals deported, yet his removal was acknowledged by the administration as an “administrative error.” He has had protections against deportation since 2019 due to substantial risks of violence in El Salvador.

The DOJ’s motion to dismiss came after District Court Judge Paula Xinis rejected the administration’s request for more time. In her ruling, she noted that there had already been multiple hearings, and at no point had the defendants suggested a need for additional time.

In their filing, DOJ attorneys pointed out that while the Supreme Court mandated the government to facilitate Abrego Garcia’s return, it did not address jurisdictional questions regarding his case. “Those decisions do not ‘squarely address’ these jurisdictional issues,” the brief asserted.

The Trump administration contends that Abrego Garcia’s family must file a habeas corpus claim, which challenges unlawful detention, and that jurisdiction for such a claim does not exist in this context.

Two Maryland Congressional members, Senator Chris Van Hollen and Representative Glenn Ivey, traveled to El Salvador to advocate for Abrego Garcia’s return. Van Hollen reported a recent transfer of Abrego Garcia to a lower-security facility and indicated that Salvadoran officials cited financial arrangements with the U.S. as the reason for his continued detention.

Ivey, however, faced restrictions and was unable to meet with Abrego Garcia. He expressed concerns to Maryland Matters, stating that the situation could potentially lead the U.S. into a “constitutional crisis” if the Trump administration continues to disregard court orders.

During a recent hearing, DOJ attorney Jonathan D. Guynn asserted that the administration is complying with all legal requirements, defending statements from President Trump and other officials suggesting Abrego Garcia would not be returning to the U.S.

Guynn emphasized, “He’ll never walk free in the United States.”

Last updated 5:02 p.m., May. 28, 2025