The Trump administration defied a court order on Friday to provide information on how it planned to bring Kilmar Armando Abrego Garcia back to the U.S. from El Salvador — raising fears that he won’t be returned at all.
“This administration is taking a maximalist view towards their authorities in this matter, which raises the very concerning prospect that Mr. Abrego Garcia is going to continue to be detained in this prison indefinitely, while the government stalls,” said Aaron Reichlin-Melnick, an immigration lawyer and senior fellow at the American Immigration Council.
The case of Abrego Garcia, a 29-year-old who lived in Maryland with his family until being deported to an El Salvador prison, is testing the power of the courts over President Donald Trump’s deportation efforts.
On Thursday, the Supreme Court upheld a decision from lower courts to require that the federal government help Abrego Garcia return. There are limits, however: The Supreme Court effectively said the administration had to prove it tried to bring him back, but not that it needs to be successful. It also said the previous ruling may have tread on the authority of the executive branch, which lawyers said raises concern about where his case will go from here.
“What the Supreme Court emphasized is that the government, at the very least, has to make a good faith effort to fix their mistake and bring him back to the United States,” Reichlin-Melnick said. “They did acknowledge that there are some limitations on what the judge can order.”
The administration is continuing to push back against bringing back Abrego Garcia, who the administration has suggested is a member of the MS-13 gang, without providing evidence. (His family says this is not true.) The White House did not immediately respond to a request for comment.
“As the Supreme Court correctly recognized, it is the exclusive prerogative of the President to conduct foreign affairs,” a Justice Department spokesperson said in a statement. “By directly noting the deference owed to the Executive Branch, this ruling once again illustrates that activist judges do not have the jurisdiction to seize control of the President’s authority to conduct foreign policy.”
The Trump administration filed a combative response to U.S. District Judge Paula Xinis’ order that the administration outline the steps it had taken to bring Abrego Garcia home by Friday morning. The administration has said it was an unrealistic timeline, which the judge did not find convincing, saying it “blinks at reality.”
“The Court has not yet clarified what it means to ‘facilitate’ or ‘effectuate’ the return as it relates to this case, as Plaintiff is in the custody of a foreign sovereign,” DOJ lawyers said.
Abrego Garcia’s lawyers said in a filing that the government “continues to delay, obfuscate, and flout court orders, while a man’s life and safety is at risk.”
Some in Congress agreed. Several Democrats called on Wednesday for Abrego Garcia to be released immediately, even saying they had specifically asked Salvadoran President Nayib Bukele to release him via letter or in person when he visits the White House.
“An administrative error is one thing, obstinance and obfuscation is quite another when it comes to bringing back Kilmar Abrego Garcia,” Rep. Glenn Ivey said in a statement. “Cost and jurisdiction aside, this administration should tell Salvadoran President Bukele to bring Mr. Abrego Garcia back to Maryland when he visits DC next week if not sooner. Due process matters and the Supreme Court affirmed that.”
The judge has indicated she’ll require daily updates from the administration on their progress bringing Abrego Garcia back, but the Trump administration’s filings could be taken as a sign that they intend to continue finding a way to push back.
Although Democratic lawmakers celebrated the Supreme Court’s Thursday evening ruling as a victory, they acknowledged the Trump administration might continue to resist.
“If the President is serious about law and order, then he will follow this 9-0 Supreme Court ruling with urgency and return Kilmar to his family here in Maryland,” Maryland Sen. Angela Alsobrooks said on X.
Fellow Maryland Sen. Chris Van Hollen said in a statement on Friday that he will keep pushing for Abrego Garcia’s release.
“A life hangs in the balance and there is no time for the Trump Administration’s excuses,” Van Hollen said. “They must own up to this gross error and work to ensure he is returned to his family. We will not settle for anything less.”
“Federal judges should make clear that their patience is not limitless, and that foot-dragging that becomes defiance should be met with court sanctions and penalties,” Van Hollen said.
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Casey Murray is a NOTUS reporter and an Allbritton Journalism Institute fellow.