The impasse, as I see it: Yesterday the Supreme Court sorta kinda ruled against Trump.
The Supreme Court on Thursday evening largely left in place an order by a federal judge in Maryland directing the government to return to the United States a Maryland man who is currently being held in a maximum-security prison in El Salvador as a result of what the Trump administration concedes was an “administrative error.” In an unsigned opinion without any recorded dissents, the court turned down the Trump administration’s request to block the ruling by U.S. District Judge Paula Xinis, which Chief Judge John Roberts had temporarily paused on Monday afternoon to give the justices time to consider the government’s request.
The justices agreed that Xinis could require the Trump administration to “‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to” that country. But the justices sent the case back to the lower court for Xinis to “clarify” her additional instruction that the Trump administration “effectuate” his return.
So, I take this to mean they agree with the lower court’s ruling but don’t want to directly confront the Frankenstein monster they created. So the can was kicked back to Judge Xinis. Note that Abrego Garcia was taken into ICE custody on March 12 and flown to El Salvador on March 15. Judge Xinis on April 4 ruled that the U.S. government acted illegally by deporting Abrego Garcia and ordered his return. Now it’s April 11. At this point Abrego Garcia could be alive or dead.
Per Joyce Vance, upon receiving the SCOTUS ruling, Judge Xinis wasted no time informing Trump’s people that she wanted an update on Abrego Garcia and what efforts they intended to make to bring him back by 9:30 this morning. (Here is her order.) And she scheduled a hearing for 1 this afternoon. Further, “the Court hereby amends the Order to DIRECT that Defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.”
Trump’s people responded by saying they needed more time. Maybe they could throw something together by 5 pm Tuesday or so. And then the afternoon hearing went like this:
At the court hearing, U.S. District Judge Paula Xinis for the District of Maryland repeatedly asked a DOJ lawyer to provide basic information about the whereabouts of Kilmar Abrego Garcia, who was mistakenly deported on March 15.
“I have a simple question: Where is he?” Xinis implored more than once.
Each time the judge asked, Deputy Assistant Attorney General Drew Ensign was unable to answer the question. He said he had no personal knowledge and that Trump administration officials were still assessing what they could and would tell the court about Abrego Garcia.
In one Kafkaesque exchange, the judge dropped her head into her hands when Ensign said, “The government does not contradict the plaintiff’s claim that he is imprisoned in El Salvador.”
Ensign told the court that the administration needs more time to “interpret” what the Supreme Court ruled yesterday. And when the Judge asked him what the government has done so far to retrieve Abrego Garcia, Ensign said he was not prepared to provide that information. Xinis ordered daily updates to begin this weekend. She set the next hearing for April 16.
I’ve just noticed that Trump actually said he doesn’t want Abrego Garcia back.
“We don’t want him back.”
Pres. Trump defends the deportation of Kilmar Armando Abrego Garcia, the Maryland man who was sent in error to El Salvador.
A judge previously ruled that Abrego Garcia must be returned to the U.S. https://t.co/AiHiTi6c6Q pic.twitter.com/miZ3IS2Cs1
— ABC News (@ABC) April 8, 2025
Abrego Garcia has been accused — without evidence — of being a gang member. But he was in the country legally and as far as I know he has no criminal record anywhere. The administration has admitted he was deported “in error.”
I’m guessing either Abrego Garcia is already dead, or close to it, and the Trump administration knows this and doesn’t want to admit it. Or they don’t want him back in the U.S. to testify on the inhumane conditions at the El Salvador prison. Or Trump just doesn’t like being told what to do, nya nya nya. It’s expected that Trump’s people will invoke the state secrets act so they don’t have to comply with the order for daily updates.
Or worse. Worse is that the deal they insist upon is that they can make anyone disappear permanently without any due process of law or any questions answered, even US citizens. They did admit to administrative error. That probably will not ever happen again. Who can say for sure what their limits are, they are not Christian. I think that dictative for Christians goes something like, whatever thou do to the least of us you do also unto me.
Of course, the judge is the problem not them.
I have a president who feels entitled to shoot me dead if he wants to, and I despise everyone who enables him. This man is the embodiment of the republican party I have known for many long years; let it live and die with him.
Whatever happens to Abrego Garcia happens to each one of us. Enough sickness is enough.