Kilmar Abrego Garcia’s legal representatives are accusing the Trump administration of intentionally failing to comply with judicial mandates to facilitate his return to the U.S. from El Salvador. This accusation arises in light of a federal judge and the Supreme Court’s orders, which the administration allegedly defied. Abrego Garcia, a construction worker from Maryland, was flown back to the U.S. on Friday to face charges related to human smuggling in Tennessee.
In a legal filing, his attorneys argue that the government consistently had the means to bring him back but deliberately chose not to. They claim the administration engaged in an extensive effort to ignore court rulings, deny fair legal processes, and damage Abrego Garcia’s reputation. The litigation concerning Abrego Garcia’s erroneous deportation remains unresolved in a Maryland federal court, they added.
The attorneys criticized the disregard shown by the executive branch towards the judiciary, claiming it damaged the Constitution. They intend to reveal the government’s improper actions and seek appropriate remedies in this matter of significant consequence.
The allegations come amid a request from the Trump administration to discontinue legal proceedings now that Abrego Garcia has returned to the U.S. After announcing Abrego Garcia’s charges in Tennessee, U.S. attorneys sought a halt to the lawsuit, having fulfilled the court’s directive to return him to the country. They also plan to request the lawsuit’s dismissal.
On Tuesday, the Trump administration responded to Abrego Garcia’s legal claims, labeling them as unfounded and disappointing. They contended that since Abrego Garcia was successfully returned to the U.S., further legal actions are unwarranted.
U.S. officials defended Abrego Garcia’s deportation, which was based on a 2019 local police allegation in Maryland that linked him to the MS-13 gang, a claim he has denied and was never charged for, according to his lawyers.
Abrego Garcia’s deportation contradicted a U.S. immigration judge’s 2019 order that protected him from being sent back to El Salvador due to potential persecution from a local gang that had previously threatened his family. His wife in the U.S. initiated legal action to contest his deportation, leading to U.S. District Judge Paula Xinis ordering his return on April 4. The Supreme Court soon upheld this mandate.
Subsequent debates considered whether the Trump administration adequately followed judicial orders. President Trump publicly claimed he could negotiate Abrego Garcia’s return with the Salvadoran President. To evaluate the administration’s compliance with these orders, the federal judge requested documentary and testimonial evidence. However, the Trump administration maintains much of this information is protected under the state secrets privilege, and a ruling on this aspect is still pending.