The Trump administration is asking the U.S. Court of Appeals for the Fourth Circuit to halt a process of expedited discovery into how the administration had facilitated the return of illegal immigrant Kilmar Abrego Garcia from El Salvador, stating that the underlying order requiring that facilitation was incorrect.
The appeal was lodged as U.S. District Judge Paula Xinis indicated the administration could face contempt depending on what discovery reveals about its response or potential noncompliance with her previous orders.
An initial order from Xinis required the administration to “facilitate” and “effectuate” Abrego Garcia’s return but the Supreme Court stepped in on April 10, stating that she should clarify what she meant by “effectuate.”
“The District Court should clarify its directive, with due regard for the deference owed to the executive branch in the conduct of foreign affairs,” the Supreme Court said.
On April 10, Xinis responded to the Supreme Court ruling by amending her original order to say, “Direct that defendants take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.”
Her order also requested information on the location of Abrego Garcia, as well as what steps the government had taken and would take to facilitate his return.
The administration responded in part by suggesting Xinis was being unreasonable and stating that it wasn’t in a position to share information.
“Foreign affairs cannot operate on judicial timelines, in part because it involves sensitive country-specific considerations wholly inappropriate for judicial review,” it said.
During a hearing on April 15, DOJ attorney Drew Ensign also disagreed with Xinis’s interpretation of the word facilitate and suggested it required more limited action on the part of the federal government.
Xinis disagreed and ordered expedited discovery to uncover more information and determine whether the administration complied with her initial order.
The administration filed an emergency motion on April 16 to stay Xinis’s order, stating that “under the guise of an amended order” Xinis had “set down the same unjustifiable path, all in service of a member of a foreign terrorist organization with no valid right to be in the United States.”
It added that “federal courts do not have the authority to press-gang the President or his agents into taking any particular act of diplomacy.”
One was a Prince George’s County Police Department report stating that “officers contacted a past proven and reliable source of information, who advised Kilmar Armando Abrego-Garcia is an active member of MS-13 with the Westerns clique.”
MS-13 and a number of other criminal gangs have been designated as terrorist organizations by the Trump administration, with alleged and confirmed gang members illegally residing in the United States prioritized for deportation in accordance with President Donald Trump’s executive order.
The 2019 report added that Abrego Garcia was seen wearing apparel associated with “Hispanic gang culture.”
“The confidential source further advised that he is the rank of ‘Chequeo’ with the moniker of ‘Chele,’” it said.
Abrego Garcia’s attorneys have denied he is part of MS-13, and Xinis has questioned evidence underlying that claim.
