Kilmar Abrego Garcia, a legally residing Maryland father, is reportedly being held in El Salvador’s infamous Center for Terrorism Confinement (CECOT) after being wrongfully deported by the U.S. government last month. Now, his fate remains uncertain as legal and political tensions escalate between the courts and the White House.
At a press conference on Saturday, President Donald Trump confirmed that Abrego Garcia, deported under the rarely used Alien Enemies Act of 1798, is now in the hands of President Nayib Bukele’s government, calling him one of several “barbarians” transferred into Salvadoran custody. Trump added that the U.S. would not interfere further, stating, “Their future is up to President B and his Government.”
Abrego Garcia’s deportation was a mistake, as he had legal protected status in the U.S., where he lived with his U.S. citizen wife and child. His removal sparked outcry from civil rights advocates and a federal court in Maryland, where U.S. District Judge Paula Xinis had ordered his return. That ruling was largely upheld by the U.S. Supreme Court, requiring the Department of Justice (DOJ) to “facilitate” his repatriation.
But as of this weekend, federal officials have yet to comply.
During a tense hearing Friday, DOJ attorneys were unable to confirm Abrego Garcia’s exact whereabouts or describe any concrete efforts to secure his return. Judge Xinis criticized the government’s inaction, saying the administration’s claim that it needed more time to review a four-page Supreme Court ruling “blinks at reality.”
“The irreparable harm continues,” Xinis declared. “I can’t get a straight answer today.”
Later that day, Deputy Assistant Attorney General Drew Ensign suggested a delay until Tuesday to provide a fuller response but hinted it may include claims of executive privilege.
In a late-night court filing Saturday, State Department official Michael Kozak stated that Abrego Garcia is “alive and secure” inside CECOT, though it remains unclear whether anyone from the U.S. has had direct contact with him.
In response, Abrego Garcia’s legal team submitted a motion for contempt proceedings, accusing the government of failing to comply with court orders and demanding immediate action. Their proposed order outlines several steps the administration should take, including:
Releasing Abrego Garcia from Salvadoran custody via any U.S.-linked contract or agreement.
Dispatching U.S. personnel to accompany him safely to an aircraft.
Providing transportation and documentation needed to return to Maryland.
Granting parole and expediting reentry paperwork under U.S. immigration law.
The legal filing also requests that U.S. officials from Homeland Security, the Justice Department, and the State Department testify in court this week to clarify what has—or has not—been done.
Despite President Trump saying on Friday that he would follow the Supreme Court’s order “if they said to bring him back,” the administration’s refusal to act thus far has placed Abrego Garcia in a diplomatic and legal limbo — trapped in one of the world’s harshest prisons, without due process, and without a clear path home.
The next court hearing is scheduled for Tuesday, April 15, with pressure mounting on the federal government to either comply or face consequences.