• Kilmar Abrego Garcia was wrongfully deported to El Salvador in 2020 due to an administrative error, with his legal team arguing that the U.S. retains indirect control over his detention through agreements with El Salvador.
• The DOJ claims the U.S. lacks jurisdiction to intervene, while Judge Paula Xinis has criticized the administration for delays and noncompliance with court orders to facilitate his return.
• This case raises significant legal questions about constructive custody, executive power over immigration, and compliance with due process in wrongful deportation cases.

In a legal battle drawing international scrutiny, the Trump administration is urging a federal judge in Maryland to dismiss a lawsuit filed by the family of Kilmar Abrego Garcia, a father who was wrongfully deported to El Salvador without due process. Abrego Garcia’s attorneys argue that the U.S. government maintains control over his detention through alleged agreements with El Salvador, asserting "constructive custody" under federal habeas law. The administration counters that his presence in El Salvador places him outside U.S. jurisdiction, rendering the case invalid.

In a 13-page motion filed with U.S. District Judge Paula Xinis, the Department of Justice (DOJ) stated, “The Court must dismiss Plaintiffs’ claims” due to a lack of subject matter jurisdiction. The DOJ argued this issue prevents the court from addressing Abrego Garcia’s alleged injuries caused by his deportation. The administration emphasized that the U.S. cannot compel a foreign sovereign to release an individual, stating that the most the court could do is order the government to "request" his release.

Judge Xinis, however, has repeatedly criticized the administration for "stonewalling" court orders. In a prior ruling, she rejected similar jurisdictional arguments, underscoring that the government regularly facilitates the return of individuals wrongfully deported. “The Court ordered expedited discovery because of Defendants’ refusal to follow orders,” she wrote in a recent three-paragraph order denying the government’s request for a 30-day extension to file its motion.

The Legal Dispute Over Jurisdiction

At the heart of the case is the concept of constructive custody, a legal framework under habeas corpus law that applies when individuals are detained by a third party on behalf of the U.S. government. Abrego Garcia’s lawyers allege that an agreement between the U.S. and El Salvador to house detainees means the U.S. retains indirect control over his detention. They argue that this constitutes sufficient “custody” for the court to intervene.

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The government disputes this claim, asserting that Abrego Garcia is detained solely by El Salvador and that the U.S. lacks authority over his release. The DOJ wrote, “Despite allegations that the Government of El Salvador is detaining Plaintiff Abrego Garcia at the direct request and financial compensation of Defendants, Plaintiffs do not assert that the United States can exercise its will over a foreign sovereign.”

Judge Xinis has linked the jurisdictional issue to broader concerns about the administration’s compliance with court orders. “To say now that additional time is needed to do that which the law requires rings hollow,” she recently observed, highlighting the DOJ’s history of delays in the case.

Wrongful Deportation and the Administration’s Position

Kilmar Abrego Garcia was deported to El Salvador in 2020, which the government concedes was an “administrative error”. The Supreme Court and the Fourth Circuit Court of Appeals previously ordered the Trump administration to “facilitate” his return to the U.S., but the DOJ has resisted full compliance. The administration has argued that Abrego Garcia is an MS-13 gang member, though his legal team categorically denies this claim, noting he has no criminal record in the U.S. or El Salvador.

President Trump, in a recent interview with ABC News, claimed he “could” intervene directly to resolve the situation but has taken no such action. The DOJ doubled down on its stance, stating it does not have "the power to produce him.” Critics have accused the administration of mischaracterizing court orders and intentionally obstructing the process to delay resolution.

Judge Xinis has repeatedly admonished the administration for what she described as “willful and intentional noncompliance”. In one strongly worded order, she stated, “The government defendants can and do return wrongfully removed migrants as a matter of course,” effectively dismantling the DOJ’s jurisdictional arguments.

Implications for Immigration Law and Executive Power

The case is one of the most contentious legal challenges faced by the Trump administration, raising significant questions about the limits of executive power over immigration enforcement and international agreements. Legal experts suggest that the outcome could set a precedent for how courts interpret constructive custody in similar cases.

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Meanwhile, a related case in Washington, D.C., overseen by Chief U.S. District Judge James Boasberg, is investigating whether the U.S. has formal agreements with El Salvador regarding the housing of deportees. The discovery process in that case could reveal critical details that influence the Maryland proceedings.

Abrego Garcia’s case has become a symbol of broader concerns about due process violations and the treatment of vulnerable individuals in the immigration system. His legal team argues that the government’s actions have caused irreparable harm, both to him and his family, who remain in the U.S. without him.

Share Your Thoughts

What are your views on the legal and ethical questions surrounding this case? Should the U.S. courts intervene more decisively in such matters? Let us know in the comments and share this article to continue the conversation.

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