Judge launches inquiry into return of Kilmar Abrego Garcia, father deported to El Salvador

WASHINGTON - A federal judge is pressing the Department of Justice to get answers on a Maryland man deported to El Salvador. 

Judge Paula Xinis said the Supreme Court has affirmed her order that would require them to facilitate the return or the release from custody of Kilmar Abrego-Garcia, and that so far she has not gotten satisfactory answers from the department as to what the government has done so far to return him to the United States.

"To date, what the record shows is that nothing has been done. Nothing," Xinis said at Tuesday's court hearing. 

Over the next two weeks, Xinis will allow plaintiffs to take depositions, to ask question and interrogators and to ask for documents, such as any documents showing an agreement between the United States and El Salvador to keep these individuals in El Salvador's terrorist center. 

Attorneys for Abrego Garcia had asked that the Trump administration be found in contempt of court over its inaction. Xinis said she would not hold the government in contempt of court – for now. 

READ MORE: Maryland senator says he’ll travel to El Salvador if Abrego Garcia isn’t released

The backstory:

Trump administration officials said Garcia was deported last month following 2019 accusations by Maryland police that he was an MS-13 gang member. Garcia denied the claim and was never charged with a crime, according to his attorneys.

A federal judge ruled Garcia should be allowed back, a decision unanimously upheld by the Supreme Court last week.

Trump administration officials on Monday dismissed efforts to bring Garcia back, saying the decision rested with El Salvador.

Salvadoran President Nayib Bukele said he lacked the authority to authorize Garcia’s return, calling the idea "preposterous" and likening it to an attempt to "smuggle a terrorist into the United States."