Protesters outside the U.S. District Court for the District of Maryland in Greenbelt rally on April 4, 2025, in support of Kilmar  Abrego Garcia, calling for him to be returned to the U.S. (Ariana Figueroa/States Newsroom).

GREENBELT, Maryland — A top U.S. immigration official testifying in federal court Thursday did not give details of the Trump administration’s plans to deport Kilmar Abrego Garcia if he is released from pre-trial detention next week in Tennessee.

Thomas Giles, the assistant director for enforcement and removal operations at Immigration and Customs Enforcement, was noncommittal about how the agency would handle Abrego Garcia if he is released from jail in Tennessee where he awaits trial on federal charges, saying officials could not consider the question until he’s in ICE custody.

“There’s been no decision made as he’s not in ICE custody,” Giles said.

Department of Justice attorneys have said they would seek Abrego Garcia’s removal again, because he has a final order of removal, but have not detailed the process for that deportation, raising concerns of a lack of due process in the closely watched case that were not answered by Giles’ testimony Thursday.

Giles appeared after U.S. District Judge Paula Xinis ordered the Trump administration on Monday to produce a witness to detail the plan for Abrego Garcia’s removal.

The government is likely to pursue either a revocation of the deportation protections the El Salvador national and longtime Maryland resident has had since 2019 that bar deportation to his home country, or removal to a country other than El Salvador.

Abrego Garcia was wrongly removed in March to a notorious megaprison in El Salvador where he says he faced psychological and physical torture.

ICE detainer

Giles said that ICE placed a detainer on Abrego Garcia last month, meaning the agency requested the U.S. Marshals to notify ICE when he will be released so immigration officials can detain him. Abrego Garcia could be released July 16 after a pretrial hearing that day in Tennessee.

The Trump administration returned Abrego Garcia to the U.S. last month to face federal charges of human smuggling that stemmed from a 2019 traffic stop. Abrego Garcia has denied the charges.

Abrego Garcia’s attorneys said in court Thursday that they found out Abrego Garcia was brought back to the U.S. through media reports and they were given no information by the Trump administration.

DOJ attorneys said that Abrego Garcia will be removed from the U.S. before his trial in Tennessee is complete.

Restraining order considered

Attorneys for Abrego Garcia said Thursday they are concerned he will again be removed without due process or the ability to challenge his removal to another country if he fears he will experience harm or persecution. 

Earlier in the week, they pressed for Xinis to have Abrego Garcia brought back to Maryland, rather than remain in Tennessee. 

Xinis is still mulling that request from Abrego Garcia’s attorneys. This week, she also denied the Department of Justice’s move to dismiss the case as moot, because Abrego Garcia had been returned to the U.S.

Xinis said Thursday she is considering issuing a temporary restraining order if Abrego Garcia is released on pre-trial detention. The order would last for 48 business hours and bar immigration officials from removing Abrego Garcia to a detention center outside of Tennessee or from the U.S.

She also called for a hearing on Friday at 9 a.m. ET on the temporary restraining order.

Vague answers

Sascha Rand, an attorney representing Abrego Garcia in the immigration case in Maryland, grilled Giles on how familiar he was with Abrego Garcia’s case.

Giles said that he had not directly overseen Abrego Garcia’s case and had about four hours to prepare for Thursday’s hearing.

Rand asked Giles which country Abrego Garcia would be removed to if not El Salvador.

Giles said that if Abrego Garcia is removed to a third country, it would take anywhere from a few days to a few weeks to determine which country.  

Giles said that Mexico is one country that accepts nationals from other countries – including El Salvador – and has diplomatic assurance that an individual removed won’t face harm.

He added that South Sudan is also a country that the Trump administration has deemed acceptable to send deportees to.

In a ruling last month, the Supreme Court allowed the Trump administration to move forward with removing eight men from different nationalities to South Sudan, which recently experienced a civil war. The U.S. State Department advises against traveling to the country.

Xinis asked Giles if Mexico, “at a minimum,” would be a country Abrego Garcia could be removed to.

Giles said that was possible.

Rand asked if South Sudan was a possibility.

Giles said that “we have removed people to South Sudan.”

Rand then asked Giles multiple times which path the Trump administration was considering for Abrego Garica, either deportation to a third country, or trying to remove the 2019 bar on removal to El Salvador.

“Do you have any actual knowledge of which one of these tracks Mr. Abrego Garcia might be put on next Wednesday?” Rand asked.

Giles said because Abrego Garcia is not in ICE custody, a discussion on the options for his removal is not happening. He said those determinations will be made once Abrego Garcia is in ICE detention.

Giles added that it’s also unclear where Abrego Garcia will be held in ICE detention, as it’s based on available bed space, meaning Abrego Garcia could be transferred anywhere in the U.S.

Prison officers stand guard at a cell block at the Salvadoran mega-prison Centro de Confinamiento del Terrorismo, or CECOT, on April 4, 2025. (Photo by Alex Peña/Getty Images)

WASHINGTON — Kilmar Abrego Garcia, who was wrongly deported in March to a notorious mega-prison in El Salvador, endured “severe beatings, severe sleep deprivation, inadequate nutrition, and psychological torture” while there, his attorneys wrote in a late Wednesday filing.

The filing, an amended complaint to the District Court of Maryland, provides the first disturbing details of what Abrego Garcia experienced at Centro de Confinamiento del Terrorismo, or CECOT.

His wrongful deportation has become the most high-profile example of the conflict between the Trump administration’s aggressive mass deportations campaign and the judiciary’s call for the due process rights of immigrants.

The allegations of torture also raise questions about the U.S. State Department’s payment to El Salvador of up to $15 million to detain about 300 immigrant men at CECOT, a possible violation of the human rights law known as the Leahy Law.

The law bars State’s financial support of “units of foreign security forces” — such as military and law enforcement staff in prisons —  facing credible allegations of gross human rights violations.

Hit with batons, forced to kneel for hours

When Abrego Garcia first arrived to CECOT, he was told by a prison official, “Welcome to CECOT. Whoever enters here doesn’t leave,” according to the filing from lawyers with Quinn Emmanuel, the firm representing Abrego Garcia in his immigration case.

Abrego Garcia was later kicked, hit with wooden batons and beaten by Salvadoran guards on his first day at CECOT on March 15, according to the new filing.

“By the following day, Plaintiff Abrego Garcia had visible bruises and lumps all over his body,” according to the complaint.

While in a cell, Abrego Garcia and 20 other incarcerated Salvadorans were forced to kneel from 9 p.m. to 6 a.m. and guards would strike “anyone who fell from exhaustion,” according to the filing. During that time, Abrego Garcia was denied access to a bathroom and soiled himself.

“The detainees were confined to metal bunks with no mattresses in an overcrowded cell with no windows, bright lights that remained on 24 hours a day, and minimal access to sanitation,” according to the complaint.

At CECOT, the guards would threaten to put Abrego Garcia in cells with gang members “who, they assured him, would ‘tear’  him apart,” according to the filing. Abrego Garcia’s lawyers have denied he is a gang member.

During his first two weeks at CECOT, Abrego Garcia’s health deteriorated, and he lost 31 pounds, his attorneys said.

Transfers to two more facilities

On April 9, Abrego Garcia and four others were transferred to a different sector in CECOT, “where they were photographed with mattresses and better food—photos that appeared to be staged to document improved conditions,” according to his attorneys.

Around April 10, he was later transferred alone to a separate prison facility in Santa Ana, El Salvador. On April 10, the U.S. Supreme Court ruled that the Trump administration must “facilitate” the return of Abrego Garcia — who had deportation protections from his home country of El Salvador since 2019.

But for months, the Trump administration has argued that Abrego Garcia is in the custody of El Salvador, and the United States could not force El Salvador to return him.

At the new location, Abrego Garcia “was frequently hidden from visitors, being told to remain in a separate room whenever outside visitors came to the facility,” according to the filing.

“During his entire time in detention in El Salvador, Plaintiff Abrego Garcia was denied any communication with his family and access to counsel until Senator (Chris) Van Hollen visited him on April 17, 2025,” according to the brief.

The Maryland Democrat traveled to El Salvador in an effort to bring back Abrego Garcia, who is a longtime Maryland resident.

Criminal charges

While Abrego Garica was returned to the U.S. last month, it was to face federal criminal charges lodged in Tennessee while he was detained in El Salvador. His attorneys have denied the charges of human smuggling and say they are nothing more than the Trump administration trying to save face.

Abrego Garcia’s criminal case is being handled out of a Tennessee court and he’s being kept in jail due to fears Immigration and Customs Enforcement officers will deport him.

Department of Justice attorneys stated in the District Court of Maryland last week that the Trump administration plans to remove Abrego Garcia to a third country, but said the move was not immediate.

Attorneys for Abrego Garcia are trying to move forward with discovery to determine if the Trump administration flouted the district court’s order and the Supreme Court’s order in refusing to return Abrego Garcia to the U.S. after the Trump administration admitted his deportation was a mistake.

“Defendants’ disdain for the law and legal process, and their cruelty, shocks the conscience and demands immediate, sustained, judicial relief and oversight,” according to the complaint. “It also marks a profound constitutional crisis in which executive agencies have repeatedly and deliberately flouted the authority of multiple federal courts—including the Supreme Court itself.”

“This defiance undermines the foundational principles of our constitutional system by eroding the checks and balances and rule of law that protect individual liberty from government overreach,” the attorneys continued. 

Sen. Chris Van Hollen, D-Md., right, meets with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by the U.S. government. (Photo courtesy Van Hollen's office)

WASHINGTON — Attorneys for Kilmar Abrego Garcia, the wrongly deported Maryland man who has now been returned to the United States, are pushing to keep his civil case open in pursuit of sanctions against the Trump administration for refusing to comply with a U.S. Supreme Court order to facilitate his return.

“Until the Government is held accountable for its blatant, willful, and persistent violations of court orders at excruciating cost to Abrego Garcia and his family, this case is not over,” according to the brief by Abrego Garcia’s attorneys filed Sunday.

“The executive branch’s wanton disregard for the judicial branch has left a stain on the Constitution,” they wrote. “If there is to be any hope of removing that stain, it must start by shining a light on the improper actions of the Government in this tragic affair and imposing meaningful remedies.”

The Trump administration on Friday moved to dismiss the civil suit filed in federal district court in Maryland, arguing it is moot after Abrego Garica landed in the U.S. to face criminal charges for “alien smuggling.”

A May 21 two-count Tennessee grand jury indictment, unsealed Friday, accused Abrego Garcia of conspiracy to unlawfully transport undocumented people for profit and the unlawful transportation of undocumented people between 2016 and 2025. The indictment also accused him of being a member of the MS-13 gang.

His attorneys have disputed those charges.

Department of Justice lawyers also moved to deny Abrego Garcia bond, on the grounds that he is a flight risk and poses a danger to the community.

If convicted, Abrego Garcia could face up to 10 years in prison for each undocumented person transported.

“Accordingly, the sentencing exposure for the defendant – given the number of undocumented aliens involved – goes well beyond the remainder of the defendant’s life,” Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, wrote.

Deported to CECOT

The civil suit was brought by Abrego Garcia’s family after he was arrested by immigration officials in March and swiftly put on a deportation plane to a notorious mega-prison in El Salvador, despite having protections against removal to his home country since 2019.

Abrego Garcia’s arrest in March was not due to any criminal charges, but he was informed his immigration status had changed. The Trump administration has admitted his initial deportation to the brutal CECOT prison was an “administrative error,” but has maintained Abrego Garcia was in the custody of El Salvador and could not be brought back.

Trump officials, including President Donald Trump, repeatedly said that Abrego Garica would not return to the U.S. and the president seemed upset with the news of his return on Friday.

“He should have never had to be returned,” Trump said in a gaggle with reporters on Air Force One Friday night. “It’s a disaster.”

On Friday, Attorney General Pam Bondi thanked El Salvador President Nayib Bukele after the Trump administration presented an arrest warrant for Abrego Garcia.

‘Determined stalling campaign’

The Trump administration argued that because Abrego Garcia was brought back to the U.S. on Friday, the civil case is moot.

But his attorneys argue that Abrego Garcia was not brought back to Maryland due to court orders – even as high as the Supreme Court – but “rather to Tennessee so that he could be charged with a crime in a case that the Government only developed while it was under threat of sanctions.”

“Two things are now crystal clear. First, the Government has always had the ability to return Abrego Garcia, but it has simply refused to do so,” according to the brief. “Second, the Government has conducted a determined stalling campaign to stave off contempt sanctions long enough to concoct a politically face-saving exit from its own predicament.”

Maryland District Court Judge Paula Xinis, who has handled the high-profile case since March, has granted Abrego Garcia’s attorneys until Wednesday to file their request for sanctions against the Trump administration.

Abrego Garcia’s attorneys said they want to push forward with discovery documents because they “are finally on the verge of securing answers from knowledgeable officials about what the Government actually did or did not do to facilitate Abrego Garcia’s return.”

Abrego Garcia will be arraigned before a federal court in Nashville on Friday.

A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — Kilmar Abrego Garcia, a Maryland man wrongly deported to his native El Salvador three months ago, was brought back to the U.S. on Friday and will face federal charges, U.S. Attorney General Pam Bondi said.

Abrego Garcia’s case had become a flashpoint in a debate over what due process rights protect immigrants from deportation after federal officials conceded he was sent to a notorious El Salvador mega-prison because of an administrative error. 

Still, President Donald Trump, El Salvador President Nayib Bukele, Bondi and other administration officials said for months Abrego Garcia could not be released because of criminal conduct they had not publicly produced evidence of.

In a gaggle with reporters on Air Force One Friday night, Trump declined to say whether it was his decision to bring Abrego Garcia back to the U.S., according to White House pool reports.

“He should have never had to be returned,” Trump said. “It’s a disaster.”

Bondi said Friday a federal warrant for Abrego Garcia’s arrest on human trafficking charges compelled his release from the Salvadoran prison system.

“Abrego Garcia has landed in the United States to face justice,” Bondi said at a Department of Justice news conference Friday afternoon. “He was a smuggler of humans and women and children.”

The 10-page indictment filed in the Middle District of Tennessee comes after a federal grand jury indicted him on May 21 for allegedly transporting migrants in the U.S. without legal authorization within the country.

Chris Newman, an attorney representing the Abrego Garcia family said at a virtual press event Friday that he remained skeptical of the federal charges lodged at Abrego Garcia.

“I can tell you that we should all treat whatever charges that are being leveled against him with a high degree of suspicion,” Newman said. “We should make sure that he gets a fair (trial) in court because he’s clearly not getting a fair hearing in the court of public opinion.”

Bondi did not detail when the investigation into Abrego Garcia began, but said the federal indictment charges contained “recently found facts.”

“This is what American justice looks like upon completion of his sentence, we anticipate he will be returned to his home country of El Salvador,” Bondi said.

WKRN in Nashville said Abrego Garcia’s arraignment has been scheduled for 10 a.m. Friday. 

Outcry over due process

Abrego Garcia’s wrongful deportation to the notorious mega-prison Centro de Confinamiento del Terrorismo, or CECOT, drew national outcry as the Trump administration clashed with a federal court that ordered the return of the Beltsville man and resisted the U.S. Supreme Court’s order to “facilitate” his return.

Despite the orders, Trump administration officials did not appear to take any public steps to secure Abrego Garcia’s release, and at times seemed to relish their defiance of the courts.

Bondi thanked El Salvador’s government Friday for releasing Abrego Garcia in compliance with the warrant.

The Trump administration has argued in federal court in Maryland for months that Abrego Garcia is in the custody of El Salvador and therefore cannot be returned, despite a $15 million agreement between the U.S. and the Salvadoran government to keep roughly 300 men removed from the U.S. and detained at CECOT. Abrego Garcia had been moved to a different El Salvador prison prior to his release.

Abrego Gacia had deportation protections to his home country of El Salvador since 2019.

He was pulled over by U.S. Immigration and Customs Enforcement agents in March and informed that his immigration status had changed. He was later placed on one of three deportation flights on March 15 to CECOT.

The Trump administration admitted his removal was an “administrative error” but has since alleged that Abrego Garcia was a leader in the MS-13 gang without producing evidence in the federal civil court overseeing the suit challenging his removal.

Maryland U.S. Sen. Chris Van Hollen, who traveled to El Salvador to press for Abrego Garcia’s release and return to the U.S., welcomed the news as a victory for due process rights.

“As I have repeatedly said, this is not about the man, it’s about his constitutional rights – and the rights of all,” the Maryland Democrat said in a statement. “The Administration will now have to make its case in the court of law, as it should have all along.”

William J. Ford contributed to this report.

Minister of Justice and Public Security Héctor Villatoro, right, accompanies Homeland Security Secretary Kristi Noem during a tour of the Centro de Confinamiento del Terrorismo, or CECOT, on March 26, 2025. (Photo by Alex Brandon-Pool/Getty Images)

WASHINGTON — A federal judge in the District of Columbia on Wednesday ordered the Trump administration to allow Venezuelan men removed under an 18th-century wartime law and sent to a notorious prison in El Salvador to have their cases heard in court, though he conceded the logistics of the order would be challenging to sort out.

In a 69-page order, Judge James Boasberg partially granted an injunction to require 137 Venezuelans be given due process. He ruled that they had no chance to challenge their removal under the Alien Enemies Act of 1798, or the accusation that they are members of the Tren de Aragua gang.

The Trump administration will have until June 11 to put forth a plan for the men removed under the wartime law and sent to the mega-prison known as Centro de Confinamiento del Terrorismo, or CECOT, to be afforded their due process rights.

“The Government has violated the CECOT Class’s vested right to due process, an infringement that risks inflicting irreparable harm for which the public interest requires a remedy,” Boasberg said. “The question — simply asked but not so simply answered — thus becomes what relief they must obtain for that violation.”

Boasberg said that the Trump administration “plainly deprived these individuals of their right to seek habeas relief before their summary removal from the United States — a right that need not itself be vindicated through a habeas petition.”

He said that even if President Donald Trump lawfully invoked the Alien Enemies Act and if those subject to the proclamation are members of the Tren de Aragua gang, they must be given a chance to contest the charges.

“This is the critical point —there is simply no way to know for sure, as the CECOT Plaintiffs never had any opportunity to challenge the Government’s say-so.”

“Defendants instead spirited away planeloads of people before any such challenge could be made,” Boasberg continued. “And now, significant evidence has come to light indicating that many of those currently entombed in CECOT have no connection to the gang and thus languish in a foreign prison on flimsy, even frivolous, accusations.”

Order doesn’t require return

The American Civil Liberties Union, which brought the case, sought to require the Venezuelans be brought back to the U.S. from El Salvador to challenge their removals. But Boasberg rejected that argument.

Boasberg determined that even though there is a financial agreement between the U.S. and El Salvador to detain the men, they are in the custody of the Salvadoran government.

“While it is a close question, the current record does not support Plaintiffs’ assertion that they are in the constructive custody of the United States,” Boasberg said.

“Even crediting the public statements characterizing the arrangement as outsourcing the U.S. prison system and acknowledging the President’s unofficial assertion of his power to request a release, such comments cannot overcome a sworn declaration from a knowledgeable government official attesting that the CECOT Class’s ongoing detention is a question of Salvadoran law.”

Department of Justice attorneys have used the same reasoning in a separate case to resist the return of the wrongful deportation of Kilmar Abrego Garcia, despite a U.S. Supreme Court order to “facilitate” the Maryland man’s return to the U.S.

ACLU will be allowed to have input to determine how due process can be afforded to the men at CECOT, Boasberg wrote.

Wednesday’s order is the latest in a months-long dispute between the Trump administration and Boasberg after three planes landed in El Salvador and roughly 300 men were sent to CECOT in mid-March, despite the judge’s temporary restraining order against using the Alien Enemies Act.

Boasberg found probable cause to hold Trump officials in contempt for violating his temporary restraining order that ordered the deportation planes carrying men removed under the Alien Enemies Act to be returned to the U.S. over concerns they did not receive due process.

Secretary of State Marco Rubio testifies before the House Appropriations Committee's Subcommittee on National Security, Department of State, and Related Programs at the Rayburn House Office Building on May 21, 2025 in Washington, D.C. (Photo by John McDonnell/Getty Images)

WASHINGTON — U.S. Secretary of State Marco Rubio is personally working to facilitate the return of a man wrongly deported to a notorious mega-prison in El Salvador, at the request of the Department of Homeland Security, the Trump administration said on Monday in court documents.

If successful, the man, identified in documents in federal court in Maryland only by the pseudonym of “Cristian,” would be the first deported person returned from the brutal Salvadoran Centro de Confinamiento del Terrorismo, or CECOT.

Bringing him back to the United States would also contradict the Trump administration’s long-running argument in the courts and to the public that El Salvador has custody over hundreds of men sent there in March, not the U.S.

The Trump-appointed judge in Cristian’s case on Friday had blasted the administration for not detailing to her its actions to return him.

The Trump administration has made the same argument in the case of another wrongly deported man, Kilmar Abrego Garcia of Maryland, despite a U.S. Supreme Court order to facilitate his return.

Trump and other top U.S. officials have alleged Abrego Garcia is a gang member, though there is no evidence of that. President Donald Trump has also acknowledged he could bring Abrego Garcia back if he wanted to do so.

‘Prompt and diligent efforts on behalf of the United States’

The court document in Cristian’s case filed Monday by U.S. Department of Homeland Security official Mellissa B. Harper says that Rubio “has a personal relationship” with El Salvador’s President Nayib Bukele and Salvadoran government officials that dates back over a decade to the Florida Republican’s time on the Senate Committee on Foreign Relations.

The case is being heard in Baltimore, in the District of Maryland.

“Based on this deep experience with El Salvador and the Secretary’s familiarity with political and diplomatic sensitivities in that country, he is personally handling the discussions with the government of El Salvador regarding persons subject to the Court’s order detained in El Salvador,” according to the document.

“Secretary Rubio has read and understands this Court’s order, and wants to assure this Court that he is committed to making prompt and diligent efforts on behalf of the United States to comply with that order,” the document continues.

The document notes that DHS has asked the State Department for “assistance in complying with the Court’s order, including by entering into negotiations to facilitate Cristian’s return.”

Harper, who submitted the declaration, works at Immigration and Customs Enforcement’s Enforcement and Removal Operations division as the acting deputy executive associate director.

Judge harshly criticized administration

The document was filed after U.S. District Judge for the District of Maryland Stephanie Gallagher Friday slammed the Trump administration for its “blatant lack of effort to comply” with her order earlier this month to report steps taken to bring back Cristian, who in court documents is said to be 20 years old.

On May 6, she affirmed her decision that the Trump administration must facilitate Cristian’s return.

Gallagher, whom Trump appointed in 2018, gave the Department of Justice until Monday to comply with her order.

Cristian was among roughly 300 men sent to the Salvadoran mega-prison CECOT. About 200 of those men were removed under an 18th-century wartime law, the Alien Enemies Act of 1798, and the rest, such as Abrego Garcia, were removed under other immigration laws.

Cristian arrived in the U.S. as an unaccompanied minor and was part of a class action that barred removal from the U.S. while his asylum case was pending in immigration court.

Like the Abrego Garcia case, the administration said earlier it was powerless to compel the Salvadoran government to release Cristian, an argument Gallagher expressed frustration with Friday.

“Defendants simply reiterated their well-worn talking points on their reasons for removing Cristian and failed to provide any of the information the Court required,” Gallagher wrote in her order.

The Trump administration is paying El Salvador up to $15 million to detain removed immigrants from the U.S.

“As a Venezuelan native, he is in El Salvador only because the United States sent him there pursuant to an agreement apparently reached with the government of El Salvador,” Gallagher wrote.

The U.S. Supreme Court ruled Friday, May 16, 2025, that the Trump administration's attempt to deport a group of Venezuelans under an 18th-century wartime law "does not pass muster." (Photo by Jane Norman/States Newsroom)

WASHINGTON — The U.S. Supreme Court on Friday kept in place a block on the Trump administration’s efforts to deport 176 Venezuelans in Northern Texas under the Alien Enemies Act of 1798.

A majority of the justices found that President Donald Trump’s administration violated the due process rights of Venezuelans when the administration tried to deport them from North Texas last month by invoking the 18th-century wartime law. Conservative Justices Samuel Alito and Clarence Thomas dissented.

“Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” according to the decision.

The justices did not determine the legality of the Trump administration using the Alien Enemies Act to deport Venezuelans 14 and older with suspected ties to the gang Tren de Aragua.

On his social media platform, Trump expressed his disapproval of the ruling.

“THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” he wrote on Truth Social.

The justices found that the 5th Circuit Court of Appeals “erred in dismissing the detainees’ appeal for lack of jurisdiction,” and vacated that order, sending the case back.

The Trump administration on Monday asked the high court to remove the injunction, arguing that detaining suspected members of Tren de Aragua poses a threat to U.S. Immigration and Customs Enforcement officers and staff.

In a Wednesday response, the American Civil Liberties Union, which brought the suit, warned that if the Supreme Court lifts its injunction, “most of the putative class members will be removed with little chance to seek judicial review.”

In Friday’s order, the justices noted that because the Trump administration has used the Alien Enemies Act to send migrants to a notorious prison in El Salvador, careful due process is needed.

“The Government has represented elsewhere that it is unable to provide for the return of an individual deported in error to a prison in El Salvador…where it is alleged that detainees face indefinite detention,” according to the order, noting the wrongful deportation of Maryland man Kilmar Abrego Garcia to El Salvador.

“The detainees’ interests at stake are accordingly particularly weighty,” the court continued.

Other rulings

On April 18, the ACLU made an emergency application to the high court, asking to bar any removals under the Alien Enemies Act in the Northern District of Texas over concerns that the Trump administration was not following due process.

Several federal judges elsewhere have blocked the use of the wartime law in their districts that cover Colorado, Southern Texas and Southern New York.

A federal judge in Western Pennsylvania Tuesday was the first to uphold the Trump administration’s use of the Alien Enemies Act, but said those accused must have at least three weeks to challenge their removal.

Maryland Democratic U.S. Rep. Glenn Ivey, who represents the district where Kilmar Abrego Garcia and his wife live, led the chant “bring him home” outside the U.S. District Court for the District of Maryland shortly before a hearing in Abrego Garcia’s case on Friday, May 16, 2025. (Photo by Ariana Figueroa/States Newsroom)

GREENBELT, MARYLAND — A federal judge said Friday the Trump administration has “pretty broadly” invoked the state secrets privilege to withhold information on its efforts — or, the judge indicated, a possible lack of effort — to return a wrongly deported Maryland man from a prison in El Salvador.

President Donald Trump’s administration moved last month to invoke the so-called state secrets privilege to shield information about its process to facilitate the return of Kilmar Abrego Garcia to the United States after a top immigration official admitted his removal to a prison in El Salvador was an “administrative error.”

The judge handling the case, U.S. District Judge Paula Xinis, granted an expedited discovery process after she found last month that “nothing has been done” by the administration to return Abrego Garcia.

She did not make a public order regarding the state secrets privilege Friday afternoon before closing her courtroom to the public to discuss sensitive matters with attorneys for Abrego Garcia and the Department of Justice.

The state secrets privilege is a common-law doctrine that protects sensitive national security information from being released. The Trump administration has argued the need to invoke it in this case to protect diplomatic relationships.

‘He’ll never walk free in the United States’

During the public portion of Friday’s hearing, Xinis pressed the Department of Justice attorneys about Homeland Security Secretary Kristi Noem’s comment that Abrego Garcia “will not return” to the U.S.

“That sounds to me like an admission that your client will not take steps to facilitate the return,” Xinis said. “That’s about as clear as it can get.”

DOJ attorney Jonathan D. Guynn disagreed and said the Trump administration is complying with court orders. He said Noem’s comment meant that if Abrego Garcia was back in U.S. custody he would be removed either to another third country or back to El Salvador.

“He’ll never walk free in the United States,” Guynn said.

He added that the Trump administration is “currently complying and we plan to comply.”

Xinis said she disagreed, and then she clashed with Guynn over the legality of Abrego Garcia’s removal.

Guynn said that he was lawfully deported.

Xinis answered that she found months ago that Abrego Garcia was unlawfully detained and removed from the U.S.

Few documents produced

One of the attorneys for Abrego Garcia, Andrew J. Rossman, said the Trump administration has invoked the state secrets privilege for 1,140 documents relating to the case. From that request, Rossman said his team received 168 documents, but 132 were copies of court filings and requests made by him and his team.

Xinis seemed visibly stunned by Rossman’s report and had to clarify that his team had only received 36 new documents, which Rossman confirmed.

Rossman said that none of the documents for which the government is invoking the state secrets privilege are classified.

“There’s ways to do this right, and they haven’t done it,” he said, noting that he has attorneys on his team who have security clearances and can review classified and sensitive information.

Rossman said that he and his team are seeking answers to three questions: the status of Abrego Garcia, what steps the Trump administration has taken, if any, to facilitate his return, and the steps the federal government will take, if any, to comply with court orders.

Guynn said the Trump administration received an update from El Salvador on Thursday that Abrego Garcia was in “good health” and had “even gained weight.”

The U.S. Supreme Court ordered that the Trump administration must “facilitate” the return of Abrego Garcia.

Rossman, said that it’s “deeply disturbing” that administration officials, including the president, have made public statements that contradict court orders directing the government to return Abrego Garcia to the U.S.

President Donald Trump has said he could easily pick up the phone and order El Salvador to return him but won’t because he believes Abrego Garcia is a member of the MS-13 gang.

Noem was pressed at a May 14 congressional hearing about a photo that appears altered to add letters across Abrego Garcia’s knuckles to indicate his inclusion in the gang. She said she was unaware of it.

A federal judge in the District of Columbia, in a separate case regarding Trump’s use of an archaic wartime law for deportations, questioned Department of Justice attorneys on the president’s claim that he could order Abrego Garcia to be returned. The attorney admitted that the president sometimes overstates his influence abroad.

El Salvador prison

Abrego Garcia has had protections from deportation since 2019, but he was one of nearly 300 men on three mid-March removal flights to a notorious prison in El Salvador known as CECOT.

Abrego Garcia has been moved to a lower security prison, according to Maryland Democratic Sen. Chris Van Hollen, who traveled to the country last month to meet with Abrego Garcia and inquire with Salvadoran officials about why he is being held there.

Those officials said Abrego Garcia was being held because of the agreement between the United States and El Salvador.

The U.S. has a $15 million agreement with El Salvador’s government to house immigrants removed from the U.S., mostly Venezuelans removed under the wartime law, the Alien Enemies Act of 1798.

The Trump administration has argued that Abrego Garcia is a national of El Salvador and in that country’s custody and the U.S. cannot force another government to return him. 

Hours before Friday’s hearing, dozens of protestors gathered outside the court, calling for Abrego Garcia to be returned to the U.S., as well as criticizing the Trump administration’s immigration crackdown. 

U.S. Rep. Glenn Ivey, who represents the area in Maryland where Abrego Garcia and his family live, appeared outside the court and led chants calling for the release of Abrego Garcia from El Salvador.

“The president has to obey the orders of the Supreme Court,” Ivey said. “The Supreme Court has spoken here, and it’s time for him to follow it and bring him home.”

Prison officers stand guard at a cell block at maximum security penitentiary CECOT, or Center for the Compulsory Housing of Terrorism, on April 4, 2025, in Tecoluca, San Vicente, El Salvador.. (Photo by Alex Peña/Getty Images)

WASHINGTON — The Trump administration is asking the U.S. Supreme Court to lift its own injunction placed last month in the Northern District of Texas to allow for the deportation of a group of Venezuelan nationals under an 18th-century wartime law.

In the Monday filing, the Trump administration stated that the 176 Venezuelans have alleged ties to the Tren de Aragua gang, and are therefore subject to removal under the Alien Enemies Act of 1798.

U.S. Department of Homeland Security Assistant Secretary Tricia McLaughlin said in a statement that detaining suspected members of the Tren de Aragua gang poses a threat to U.S. Immigration and Customs Enforcement officers and staff.

She said that 23 migrants barricaded themselves in the Bluebonnet Detention Facility in Anson, Texas. and “threatened to take hostages, and endangered officers.” Reuters sent a drone over the facility, and captured images of the detained men spelling out SOS with their bodies, over fears that they would be sent to El Salvador. 

The Trump administration has removed those subject to the Alien Enemies Act to a notorious mega-prison in El Salvador.

The administration request stems from an April 18 emergency application from the American Civil Liberties Union that asked the high court to bar any removals under the Alien Enemies Act in the Northern District of Texas over concerns that the Trump administration was not following due process.

The justices, in a 7-2 ruling, ordered that while the lower case is before the 5th Circuit Court of Appeals, “the Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court.”

Monday’s filing by Solicitor General D. John Sauer argues that those Venezuelans subject to the proclamation must be deported because the migrants “have proven to be especially dangerous to maintain in prolonged detention.”

In a Wednesday response, the ACLU warned that if the Supreme Court lifts its injunction, “most of the putative class members will be removed with little chance to seek judicial review.”

“And under the government’s position, courts will lack authority to remedy unlawful removals to the CECOT Salvadoran prison, where individuals could be held incommunicado for the remainder of their lives,” according to the ACLU brief.

In a separate emergency filing that issued a nationwide injunction that barred the Trump administration from invoking the proclamation, the Supreme Court ruled that, for now, the Trump administration can continue to use the Alien Enemies Act.

But the justices unanimously ruled that those who are subject to the wartime law must be given proper due process as enshrined in the U.S. Constitution.

Several federal judges have blocked the use of the wartime law in their districts that cover Colorado, Northern and Southern Texas and Southern New York.

A federal judge in Western Pennsylvania Tuesday was the first to uphold the Trump administration’s use of the Alien Enemies Act, but said those accused must have at least three weeks to challenge their removal.

In court documents, the Trump administration has noted that adequate time for someone to challenge an Alien Enemies Act designation is roughly 12 hours.