Federal courts keep dragging their feet on deporting illegal migrants, and the case of Kilmar Abrego Garcia proves the point. This Salvadoran national, tangled up in smuggling charges and a web of immigration dodges, sat through a seven-hour hearing in Greenbelt, Maryland, where U.S. District Judge Paula Xinis promised a ruling “as soon as possible.” But with her track record of blocking the Trump administration at every turn, don’t hold your breath for swift justice.
Abrego Garcia’s saga started years ago, but it ramped up under President Trump’s push to secure the borders. Back in 2019, an immigration judge barred his return to El Salvador, citing risks there. Then came the smuggling bust in Nashville—two counts that could have sealed a guilty plea and a one-way ticket to Costa Rica. He turned it down, and now the Department of Homeland Security is scrambling to send him to Uganda, Ghana, or Eswatini. None of those nations bit at first, with Ghana’s foreign minister flat-out rejecting the idea on social media, saying it was “directly and unambiguously conveyed to U.S. authorities.”
You’d think that would clear the path for removal, but Judge Xinis has kept Abrego Garcia stateside with her emergency orders since March. During the latest circus of a hearing, she tore into ICE’s witness, John Schultz, calling him someone “who knows less than nothing” about the case.
She pressed DOJ lawyer Drew Ensign: “Now that we know Costa Rica is on the table, have there been any conversations about removing him [there]? Why not? You don’t want him in the country—you’ve said that. You have a country that will take him. You have a plaintiff who says ‘I’ll go there.'”
Her frustration boiled over at the government’s delays and paperwork, warning them it’s “getting close to ‘three strikes, you’re out.'” Yet for all her tough talk, Xinis has repeatedly sided with Abrego Garcia’s lawyers, who claim the detention is just “punishment” and push for his release or a cushy spot in Costa Rica. Andrew Rossman, one of his attorneys, argued the feds are cherry-picking countries with “no connection” to their client.
Whispers in legal circles suggest this isn’t just incompetence—it’s resistance. Xinis, appointed under Obama, has a history of clashing with enforcement efforts, and this case smells like another stall tactic against President Trump’s deportation agenda. Remember, Abrego Garcia was actually removed to El Salvador back in March, only for the Supreme Court to call it “lawless” in a unanimous April smackdown written by Chief Justice Roberts. Now he’s back in the mix, with hearings piling up and threats of contempt against DOJ for not spilling every detail. Coincidence? Or a deeper play to undermine border control?
Meanwhile, ICE officials testified they’ve talked to “numerous” countries, and Eswatini might still come through with a deal in as little as 72 hours—if the judge doesn’t slam the door again. Abrego Garcia’s supporters, including his wife at prayer vigils outside the courthouse, paint him as a victim. But the real victims are American communities footing the bill for endless litigation while criminals game the system.
As Xinis mulls her “final” order, the administration braces for an appeal to the Fourth Circuit. If past is prologue, this criminal illegal alien might walk free while the rest of us pay the price for open borders.
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