U.S. District Judge Paula Xinis on Friday launched a harsh critique of the Trump administration’s legal tactics during a status hearing regarding the deportation of Kilmar Abrego Garcia, a Salvadorian migrant and alleged MS-13 gang member. The hearing, which stretched for over two hours, centered on the administration’s admission that Garcia’s removal from Maryland to El Salvador in March was an administrative error.
Xinis expressed outrage as DOJ attorneys attempted to justify the deportation by invoking the state secrets privilege, a move she dismissed as inappropriate for her court. The judge called the legal proceedings a ‘frustrated and dead horse’ battle, stating she had enough evidence to conclude that Garcia was removed unlawfully.
Garcia’s lawyers argued the government failed to follow the required legal procedure for deportation and had not provided sufficient documentation, with only 164 documents disclosed to the plaintiffs out of 1,140 marked as privileged. Xinis emphasized that the administration’s failure to comply with court discovery orders and provide transparency demonstrated a pattern of willful neglect, accusing officials of submitting ‘vague, evasive, and incomplete’ responses.
The hearing highlighted the broader tensions between the courts and the Trump administration, with Xinis warning that the unlawful removal of Garcia would be ‘a foregone conclusion’ unless the government provides more detailed evidence and cooperation in the coming weeks.