SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
maryland
'Lawless': Trump DOJ Defies Supreme Court Order for Return of Man Sent to Salvadoran Prison
"I'm not asking for state secrets," said a federal judge as lawyers for the White House refused to provide information about Kilmar Abrego Garcia.
Apr 11, 2025
The U.S. Supreme Court's unanimous decision on Thursday was clear: The Trump administration was ordered to "facilitate" the release of Kilmar Abrego Garcia, a Maryland resident with no criminal record who was among hundreds of migrants rounded up in recent weeks and sent to an El Salvador prison.
But lawyers for President Donald Trump's Department of Justice (DOJ) on Friday insisted they needed more time to "review" the high court's ruling and refused to provide details on when and how they would ensure Abrego Garcia was returned to his family in Maryland.
Drew Ensign, one attorney representing the Trump administration, argued at a hearing Friday afternoon with U.S. District Judge Paula Xinis in Maryland over the court-ordered requirement that the government "share what it can concerning the steps it has taken" to return Abrego Garcia.
The hearing had been previously scheduled before the Supreme Court handed down its ruling, and went ahead as planned despite the DOJ's request on Friday morning for Xinis to postpone it till next Wednesday.
"Defendants are unable to provide the information requested by the court on the impracticable deadline set by the court hours after the Supreme Court issued its order," wrote the DOJ lawyers in a filing on Friday morning, striking an aggressive tone similar to the one the government displayed in the hearing later.
Immigration attorney Eric Lee said the filing displayed "a lawless government."
Xinis responded to the request by giving the lawyers until 11:30 am—a two-hour extension of the previous deadline—to submit a written declaration of steps the administration is taking for Abrego Garcia, whom they have said was sent to El Salvador due to an "administrative error," claiming that his fate is out of the United States' control.
But she urged the lawyers to keep in mind that the "act of sending Abrego Garcia to El Salvador was wholly illegal from the moment it happened."
At the hearing, she clashed further with Ensign.
The attorney said again that the administration is "not yet prepared to share" more information about Abrego Garcia.
"I'm not asking for state secrets," she replied, demanding "roughly a dozen times," according to The New York Times, that Ensign provide information about the man's exact whereabouts and plans for his return. "Is anyone moving with any kind of speed to get to the bottom of this so I can get an answer?"
Ensign confirmed that the government intends to comply with the Supreme Court's order before the hearing ended after less than half an hour. Xinis ordered the DOJ to provide daily updates about its progress in securing his release.
The White House and the Republican Party have attacked the judiciary numerous times in recent weeks, with calls to impeach judges who have ruled against Trump's agenda—including U.S. District Judge James Boasberg, who issued a nationwide restraining order against the president's invocation of the Alien Enemies Act to expel suspected gang members to El Salvador.
Homeland Security Adviser Stephen Miller is among the officials who have pushed the idea that federal judges, in demanding that Trump follow constitutional law, are interfering in "foreign affairs."
The Supreme Court included in its ruling a directive for Xinis to proceed with "due regard for the deference owed to the executive branch in the conduct of foreign affairs," leading Miller to suggest that the White House is still under no obligation to return Abrego Garcia.
"If the United States government is paying El Salvador to imprison people on its behalf," said Andrea R. Flores, vice president of FWD.us, "there should be absolutely no 'foreign affairs' reason that they cannot ask their contractor, El Salvador, to return Kilmer Abrego Garcia immediately."
Note: This article has been corrected to reflect the Supreme Court's order for the U.S. to "facilitate" the return of Kilmar Abrego Garcia.
Keep ReadingShow Less
Outcry as White House Admits to Sending Maryland Man to El Salvador Prison 'In Error'
"If Trump can disappear Abrego Garcia, he can disappear you," warned one advocate. "This is why due process matters. Without it, America slides into dictatorship."
Apr 01, 2025
"This is the precedent Trump needs to send you to a concentration camp," said one advocate for due process rights as President Donald Trump's administration claimed it had made an "administrative error" in sending a Maryland father to a prison in his home country of El Salvador—leaving the federal government with no way of bringing him back to his children and wife, a U.S. citizen.
In a court filing in the U.S. District Court for the District of Maryland, an acting field office director of Immigration and Customs Enforcement (ICE), Robert L. Cerna, told Judge Paula Xinis that the removal of Kilmar Abrego Garcia on March 15 "was in error." Abrego Garcia was one of hundreds of people rounded up by the Trump administration and sent to a "Terrorism Confinement Center" in El Salvador, with the White House invoking the Alien Enemies Act for the first time since World War II and claiming many were members of gangs including MS-13 and Tren de Aragua.
Cerna's filing reveals the result of a mass expulsion operation in which hundreds of people were afforded no due process rights in violation of the U.S. Constitution: At least one person with legal protected status in the United States who was not convicted of a crime is now imprisoned in a country where a U.S. federal court had previously found he could face persecution and torture.
As Joshua Eakle of Project Liberal warned, Abrego Garcia's detention and the administration's claim that it can do nothing to help him also creates precedent for Trump to do the same to anyone else it sees fit to target.
"This is how it starts. You must pay attention," said Eakle. "If Trump can disappear Abrego Garcia, he can disappear you. If Trump can strip his rights with no accountability, he can do it to anyone. This is why due process matters. Without it, America slides into dictatorship."
As the news spread of Abrego Garcia's mistaken expulsion, Vice President JD Vance "smeared him as a 'convicted gang member,'" claiming to cite the court filing from Monday, and accused podcast host Jon Favreau of having sympathy for "gang members getting deported while ignoring citizens they victimize."
Cerna's filing states that Abrego Garcia was denied bond in 2019 because "the evidence show[ed] that he is a verified member of [Mara Salvatrucha] ('MS-13')]" and therefore posed a danger to the community." As Kyle Cheney wrote at Politico, the accusation was "sharply contested" by Abrego Garcia and "credited to information gleaned from a confidential informant."
"That's not a conviction," said Cheney.
The 2019 court filing regarding the bond denial notes that Abrego Garcia "has no criminal conviction" and that the government erroneously stated at the time that Abrego Garcia was "detained in connection to a murder investigation."
Further, noted Cheney, the court at the time found that Abrego Garcia was likely a member of MS-13, but that he had a credible fear of persecution in his home country of El Salvador and should not be deported there—or expelled via an operation like Trump's mass expulsion campaign, in which those sent overseas have not been afforded due process.
Vance's claim that Abrego Garcia is a "convicted gang member" was "a lie," said Krystal Ball of the online news show "Breaking Points."
"But JD's comment reveals his deportation was not really a 'mistake,'" she said. "They put whoever they could round up on those planes without regard for guilt, innocence, immigration status, or court orders. If this man can be permanently disappeared into a foreign dungeon, anyone can."
Aaron Reichlin-Melnick of the American Immigration Council said it was "shocking that the vice president of the United States would so callously, and so falsely, accuse someone of being a convicted gang member. It's especially bad when his own administration just admitted to illegally deporting that person due to 'administrative error.'"
Trump's Justice Department is now urging Xinis to reject a petition filed by Abrego Garcia's attorneys to secure his return to the U.S., saying that since the Maryland resident is now in custody in his home country, the administration and the court system can't force El Salvador to return him.
"People should go to prison over this," said Paul Blest, a reporter for More Perfect Union.
Antonio De Loera-Brust, communications director for United Farm Workers, suggested the Trump administration is now refusing to push for Abrego Garcia or other potentially innocent people who have been expelled from the U.S. "because then they will be able to speak for themselves and the full extent of this atrocity will become clear."
Shannon Watts, founder of the gun violence prevention group Moms Demand Action, called on the Democratic Party to ensure the administration can't ignore the demand for Abrego Garcia's release.
"I don't care what the polls say about immigration, this is a legal assault on the Constitution and humanity," said Watts. "Democratic leaders must publicly pressure the Trump administration to rescue Kilmar Abrego Garcia."
Keep ReadingShow Less
'I'm 100% Certain,' Says Top Dem, That Musk 'Looking for an Excuse to Cut Social Security, Medicare, and Medicaid'
"We have one simple message," said another lawmaker: "Keep your hands off."
Feb 11, 2025
Amid fears that U.S. President Donald Trump's government-gutting billionaire adviser, Elon Musk, will target Social Security, elected officials, advocates, workers, and beneficiaries of the federal program for seniors and people with disabilities held a Monday rally in Maryland.
"We have one simple message, which is: Elon Musk, keep your hands off of our Social Security!" declared U.S. Sen. Chris Van Hollen (D-Md.). He took aim at not only the chair of Trump's Department of Government Efficiency but also his "DOGE crew," warning of Musk and his minions "conducting illegal raids on federal agencies" in what other critics have called a "hostile corporate takeover of American democracy."
The senator pointed out that "they have accessed highly sensitive personal information on Americans at the Department of Treasury, including Social Security numbers, bank accounts, and other very sensitive information," and "worked to shut down a number of federal agencies," including the U.S. Agency for International Development and Consumer Financial Protection Bureau.
He also highlighted DOGE attacks on the U.S. Department of Education and National Oceanic and Atmospheric Administration, and reporting that "their next stop" is the Social Security Administration (SSA).
The rally at SSA headquarters was organized after Semaforreported Thursday that the agency "is an upcoming focus" of the Musk-led panel. As the outlet put it: "DOGE's interest in trying to root out fraud in Medicare and Medicaid, and perhaps soon in cutting at the Social Security Administration, suggests that government programs once seen as untouchable may be on the table."
Reporting on the rally, Newsweeknoted that "Trump has pushed back on the narrative that the popular benefits will be slashed, saying when asked if there are limits on what Musk can examine, 'Social Security will not be touched, it will only be strengthened.'"
"Trump has not made any official cuts to Social Security since taking office," the outlet added, "but amid his administration's attempted overhaul of government agencies and spending, the Social Security Administration could face personnel losses in terms of layoffs or administrative funding without cuts directly to Social Security payments."
Further fueling fears of DOGE-led attacks, Musk wrote on his social media platform X earlier Tuesday: "At this point, I am 100% certain that the magnitude of the fraud in federal entitlements (Social Security, Medicare, Medicaid, Welfare, Disability, etc) exceeds the combined sum of every private scam you've ever heard by FAR. It's not even close."
To this message, Congressional Progressive Caucus Chair Greg Casar (D-Texas), fired back: "At this point I'm 100% certain that Elon Musk is looking for an excuse to cut Social Security, Medicare, and Medicaid to pay for tax cuts for billionaires. Fire Elon Musk."
In response to Semafor's reporting last week, Social Security Works, an advocacy group, warned that Trump was "empowering Elon Musk to play Russian roulette with our earned benefits."
The organization's communications director, Linda Benesch, told Common Dreams that "the Social Security Administration is already understaffed and underresourced. Musk and his gang of teenagers want to make this crisis worse, and make it harder for Americans to get the benefits they've earned."
"They may also intentionally or unintentionally break the technology SSA uses to calculate benefits," Benesch added. "We suggest that everyone go to SSA.gov and download a copy of their Social Security statement right away so that there's a record of what they've earned."
Speakers at the Monday rally slammed Trump and Musk's attempts to purge the federal workforce. U.S. Sen. Angela Alsobrooks (D-Md.) said that "we are standing in front of a building that represents thousands of Marylanders who have been coming to work in this building—civil servants for over 60 years now who have been coming to this building, doing the essential work of processing Social Security checks for nearly 72 million Americans."
"When we think about the servants who stand in this building and buildings all across our country, these are men and women who come to work every day—and these are not Democratic jobs or Republican jobs, these are American jobs," she continued. "It is also the case that those who have served in this building do so no matter who the president is. Many of them have served for decades, under Republican presidents, under Democratic presidents—again, because they serve the people."
"When you target civil servants, you also target the people they serve," Alsobrooks stressed. "They serve our grandmothers, our grandfathers, our mothers and fathers—like mine—our friends, our neighbors, and family members with disabilities who rely on Social Security."
Keep ReadingShow Less
Most Popular