In a republic that prides itself on the separation of powers, it was a single woman on Tuesday who defended the rule of law against the overreach of the president: Federal Judge Paula Xinis. In the case of Kilmar Abrego Garcia, the Maryland man who was mysteriously deported to El Salvador in March, the judiciary is now striking back harder than ever.
Xinis announced that high-ranking officials from the Trump administration will be summoned to testify under oath. She wants to know why the Supreme Court’s order to bring back Abrego Garcia remains unanswered. The testimony is expected to reveal whether the executive branch is willfully defying the nation’s highest court.
“In the end, it was a very simple directive,” the judge said. “I’ve got nothing. No real response.”
Her statement came during a hearing at the U.S. District Court in Greenbelt, Maryland - a courtroom that has now become the site of a constitutional showdown. On one side: a judge who insists on upholding the rule of law. On the other: a presidency claiming immunity under the banner of foreign policy.
The Trump administration argued that it lacks jurisdiction to retrieve someone from abroad. El Salvador’s President Nayib Bukele refuses to return the detainee - stating the man is a “terrorist” who cannot be “smuggled” back into the United States.
But Xinis will not accept that as an excuse. She ordered daily status updates on the government’s efforts to bring Abrego Garcia home. The resistance from Washington, however, has remained unchanged. On Tuesday, the administration submitted a filing stating it was “willing” to facilitate the return, but added that Abrego Garcia could face deportation again shortly thereafter.
The case carries symbolic weight. It shows just how far the administration has strayed from the judiciary. And it is a stark reminder that in a nation of laws, there can be no political immunity from court orders - not even for presidents.
Kilmar Abrego Garcia had received protection from gang persecution in 2019, was granted a work permit, and, according to court records, had no criminal history. Yet in March, he was taken - without legal basis.
His wife, Jennifer Vasquez Sura, said: “Today is the 34th day since he was disappeared. I will not stop fighting.”
Now the law is speaking its final word. And one judge is making it clear: The judiciary has teeth, even when facing a president.
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