Federal Judge Rejects DOJ Timeline in Abrego Garcia Deportation Case, Rebukes Trump Administration Pressure
U.S. District Judge Paula Xinis in Maryland has refused the Trump administration’s bid to quickly clear the way to deport MS-13 suspect Kilmar Abrego Garcia to Liberia, using a procedural order Tuesday to sharply criticize the Justice Department for trying to "dictate" the court’s schedule and threaten to ignore her existing injunction. Xinis ruled that DOJ’s request to dissolve her order keeping Abrego Garcia in the United States is "not ripe," set a new briefing deadline of April 20 and scheduled a hearing for April 28, underscoring that "respondents cannot dictate the Court’s schedule or the outcome of the motion." Government lawyers told the court they still intend to send Abrego Garcia to Liberia—even though a new agreement would let him be removed to Costa Rica, his preferred destination—with Acting ICE Director Todd Lyons arguing shifting him to Costa Rica would be "prejudicial" after the U.S. invested "significant" resources negotiating removals to Liberia. Xinis openly dismissed a suggestion from another official that Abrego Garcia could simply "remove himself" to Costa Rica as a "fantasy," reflecting her skepticism of the administration’s position and its months-long fight against her injunction, which already forced Trump officials to bring him back to the U.S. after a prior deportation to El Salvador. The dispute, closely watched by immigration lawyers and administration allies frustrated with the judge’s deliberate pace, has become a test of how far the executive branch can go in steering individual deportees to third countries and in pressuring federal judges who stand in the way.
📌 Key Facts
- Judge Paula Xinis issued an order Tuesday refusing to lift her injunction that currently prevents Kilmar Abrego Garcia from being deported and rejected DOJ’s demand for a mid-April ruling as 'not ripe.'
- Xinis set a new briefing schedule with filings due April 20 and a new hearing on April 28, insisting that 'respondents cannot dictate the Court’s schedule or the outcome of the motion.'
- Acting ICE Director Todd Lyons told the court the administration still plans to deport Abrego Garcia to Liberia and called sending him to Costa Rica 'prejudicial' despite a new U.S.–Costa Rica agreement that would allow that option.
- Another government official suggested Abrego Garcia could 'remove himself' to Costa Rica, a scenario Xinis derided in court as a 'fantasy.'
- Abrego Garcia’s status has been contested since he was deported to El Salvador in March 2025 despite a 2019 immigration judge’s order, then brought back to the U.S. last spring under pressure from Xinis’s injunction.
📊 Relevant Data
MS-13 was formed in the 1980s in Los Angeles by Salvadoran refugees fleeing civil conflict in El Salvador, and its spread to Central America was accelerated by U.S. deportations of gang members in the 1990s and 2000s.
How the US helped create El Salvador's bloody gang war — The Guardian
Since the start of 2025, the United States has deported more than 9,000 Salvadorans, with only 10.5% of them having U.S. convictions for violent or potentially violent crimes.
El Salvador has arbitrarily detained nationals deported from the U.S., report says — The Washington Post
The U.S. uses third-country deportations, such as to Liberia, when a migrant's home country refuses repatriation or to expedite removals for individuals without strong ties to their country of origin, often under agreements with receiving nations.
What Are Third-Country Deportations, and Why Is Trump Using Them? — Council on Foreign Relations
Kilmar Abrego Garcia has been accused by the Department of Homeland Security of being an MS-13 gang member with a history of violence, including domestic abuse allegations.
Kilmar Abrego Garcia is an MS-13 Gang member with a history of violence — U.S. Department of Homeland Security
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