- by foxnews
- 20 Apr 2025
The administration's apparent refusal to act - or even clarify Abrego Garcia's whereabouts - has pushed the case to a boiling point, raising the prospect that Xinis could hold the Trump administration in contempt.
In addition to filing incomplete status updates and refusing to answer questions about Abrego Garcia's whereabouts or efforts to secure his return, Trump officials suggested at the White House on Monday that the U.S. lacks the authority to bring him back.
Last night, the Trump administration failed to include in its daily status update to the court answers to any of the three questions sought by the judge. These included the location and custodial status of Garcia; what steps the government has taken to facilitate his return, and what steps the government is planning in order to make that happen.
Xinis previously called the government's refusal to answer these questions "extremely troubling."
Tensions soared Monday during a White House visit from Salvadorian President Nayib Bukele, whose government is receiving $6 million from the U.S. to detain migrants at its sprawling maximum-security prison, CECOT - including alleged members of MS-13 and the Venezuelan gang Tren de Aragua.
While Trump allies and immigration hawks have praised the removals, critics warn these rapid deportations may violate due process protections under the U.S. Constitution, and they cite concerns that the individuals deported may not have had a chance to challenge their removals in court.
Abrego Garcia, for his part, was deported from the U.S. to El Salvador last month without a hearing. The Trump administration, including U.S. Solicitor General John Sauer, has acknowledged in court documents his removal was an "administrative error."
Asked Monday about progress in returning Abrego Garcia to U.S. soil, Trump officials said his return was "up to El Salvador" and that the U.S. would "provide a plane" - appearing to ignore a court order to facilitate his return.
"That's up to El Salvador if they want to return him," Attorney General Pam Bondi told reporters. "That's not up to us."
This contention was backed by other Cabinet officials, including White House deputy chief of staff Stephen Miller, and by Salvadorian President Bukele himself.
"Of course I'm not going to do it. The question is preposterous," he said.
Hours later, Trump administration lawyers breezed past a 5 p.m. court-ordered deadline set by Xinis to file a daily status update on their efforts to return Abrego Garcia to U.S. soil.
Trump officials continue to publicly rail against so-called "activist judges," whom they have argued are attempting to stymie Trump's agenda and his priorities on immigration enforcement.
As of this writing, the Trump administration has not returned any of the individuals who have been sent to El Salvador's sprawling, high-security prison, including any Venezuelan nationals who may have been mistakenly identified as members of the Tren de Aragua gang, as well as Abrego Garcia.
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