Attorneys for Kilmar Abrego Garcia called the Trump administration’s claim that it complied with a federal judge’s order to facilitate his return to the U.S. “pure farce” in a court filing.
The filing, submitted Sunday, came two days after Abrego Garcia was brought back from El Salvador to face criminal charges in Tennessee, despite the administration’s previous assertions that it was unable to return him.
In April, U.S. District Judge Paula Xinis ordered the administration to arrange his return after he was wrongfully deported to El Salvador’s CECOT mega-prison, violating a 2019 court order that barred deportation due to fears of persecution.
The administration had accused him of gang affiliation—a claim his family and lawyers deny. The Supreme Court later upheld Judge Xinis’s ruling.
After Abrego Garcia’s return, the administration filed a notice claiming successful compliance and sought dismissal of the complaint. However, his lawyers argued the case is far from over, stating the government must still be held accountable for its “blatant, willful, and persistent violations” that caused severe harm to Abrego Garcia and his family. They emphasized the case is “not moot” because the court still needs to ensure his case proceeds as it would have without the wrongful deportation.
The attorneys accused the Trump administration of contempt and defiance toward the judiciary, alleging a coordinated effort to flout court orders, deny due process, and disparage Abrego Garcia over two months.
Meanwhile, Abrego Garcia faces a two-count indictment alleging involvement in a long-running conspiracy to smuggle undocumented migrants within the U.S. The charges followed scrutiny of a 2022 traffic stop in Tennessee.
In their filing, his lawyers condemned the government’s return of Abrego Garcia to Tennessee—not Maryland as the court directed—as another act of contempt designed to charge him criminally with a case developed only under threat of court sanctions. They also challenged the administration’s previous claims it lacked authority to return him, pointing out the timing of his return coinciding with a public indictment announcement as evidence of feigned powerlessness.
A Justice Department official said the Maryland case is likely moot following the indictment, but Abrego Garcia’s lawyers insist discovery is needed to assess whether officials acted in good faith, and the case remains active due to ongoing risks of removal.
Judge Xinis had earlier ordered expedited testimony from government officials to address the wrongful deportation issue.
