U.S. District Judge Paula Xinis has faced considerable friction with the Trump administration, recently criticizing the government for what she describes as a “bad faith” effort in the case of Kilmar Abrego Garcia. Deported erroneously to El Salvador, Abrego Garcia is currently in prison there, and Xinis has accused the administration of dragging its feet in efforts to secure his return to the U.S. Despite the administration’s admission of error, officials argue that they are powerless to rectify the situation. Meanwhile, the Supreme Court upheld Xinis’ order to “facilitate” Abrego Garcia’s return, indicating the need for clarity to ensure it doesn’t smother the executive branch’s role in foreign matters. Claims have been made by officials suggesting Abrego Garcia’s involvement with the MS-13 gang, though he remains uncharged, with his legal team arguing against these allegations, citing a lack of evidence.
Judge Xinis, with her long experience on the federal bench, has encountered opposition since being nominated by President Barack Obama. Her tenure includes criticism for being severe on law enforcement in her previous work with a police oversight initiative. Her involvement in the Abrego Garcia case culminated in a recent order requiring sworn testimony from administration officials on their compliance with her directives. Xinis asserted that the officials had ignored the Supreme Court’s clear guidance, likening their efforts to those of misdirected ships.
Earlier in her judicial career, in 2020, Xinis stopped portions of immigration regulations from the first Trump administration, which would have restricted asylum seekers’ ability to gain work authorization in the U.S. Although another court later vacated these rules, Xinis’ injunction was a significant moment in the battle over these immigration policies.
Xinis’ confirmation process, initiated after her nomination by Obama in March 2015, was characterized by tension due to the political climate. A pressing need in Maryland courts due to pending cases rendered the seat she filled vacant since October 2014. Supported by Republican leaders despite resistance, her confirmation in May 2016 was contentious, closely following remarks by then-Senator Jeff Sessions about her past role in cases against police and law enforcement. Sessions voiced particular concern over her firm’s involvement in representing Freddie Gray’s family, a case that highlighted police brutality issues in the national discourse.
Judge Xinis brings a wealth of both public and private sector legal experience. Born in Mineola, New York, she graduated from the University of Virginia and received her law degree from Yale. Her early career included clerking for the Fourth Circuit Court of Appeals and serving as an assistant federal public defender in Maryland, among other roles. She also taught at the University of Maryland’s law school and practiced law at a Baltimore firm, focusing on complex civil litigation in state and federal courts.