Feds Move To Dismiss Lawsuit Over MD Man's Wrongful Deportation

GREENBELT, MD — The Trump administration has asked a federal judge to dismiss the lawsuit filed after Kilmar Abrego Garcia was wrongfully deported to El Salvador, claiming that U.S. courts lack jurisdiction in the case because he is no longer in the country, according to an Associated Press report.

The request was filed on Tuesday in response to the lawsuit. According to the AP's report, federal officials had 60 days to respond to the lawsuit.

The government's filing is the latest development in a case that has seen little movement toward a resolution since Abrego Garcia was taken to El Salvador's Terrorism Confinement Center in March. The expulsion violated a U.S. immigration judge’s order in 2019 that shielded Abrego Garcia from deportation to his native country because he faced likely persecution by a local gang that had terrorized his family.

Trump officials later described the mistake as “an administrative error” but continue to insist that Abrego Garcia was a member of MS-13 in the United States. Abrego Garcia was never charged with a crime and has denied the allegations, which include being a member of MS-13 in Long Island, New York, where he has never lived.

RELATED:

• State Secrets Privilege Invoked In Kilmar Abrego Garcia's Case
• MD Senator Meets In El Salvador With Wrongly Deported MD Man
• MD Man Deported To El Salvador Due To 'Administrative Error'

In March, Abrego Garcia’s American wife filed a lawsuit calling for his return, and U.S. District Judge Paula Xinis ordered his return on April 4. Less than a week later, the Supreme Court ruled that the administration must "facilitate" his return to the United States.

Despite the order, federal officials have continued to balk at his possible return, including Homeland Security Secretary Kristi Noem, who said “there is no scenario where Abrego Garcia will be in the United States again.”

Last week, Maryland Congressman Glenn Ivey traveled to El Salvador to see Abrego Garcia and check on his well-being. When he arrived at the prison in Santa Ana to see Abrego Garcia, he was denied access and told to go back to San Salvador to get a permit.

"They knew why we were coming, and they know we have the right to do this," Ivey said in a social media video. "So, they need to just cut the crap. Let us get in there and have a chance to see him and talk with him."

While Xinis has ordered the Trump administration to provide daily updates on plans to return Abrego Garcia, attorneys have argued that releasing details in open court about the process would jeopardize national security.

At a hearing held on May 16, Xinis said the Trump administration's explanation for invoking the state secrets privilege in the case was inadequate, describing the government’s reasoning for withholding information as “take my word for it.”

Get The Latest Local News (For Free!) With One Quick Tap

The Associated Press contributed to this report.