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		<title>Judge gives Trump DOJ reality check on Kilmar Abrego Garcia</title>
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		<pubDate>Wed, 16 Apr 2025 04:53:28 +0000</pubDate>
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					<description><![CDATA[<p>Left: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. District Judge Paula Xinis attends her nomination hearing before the U.S. Senate on July 22, 2015 (Senate Judiciary Committee). Fed up with the government’s “gamesmanship” and “grandstanding” over the Kilmar Abrego Garcia deportation case, a federal judge in Maryland [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-gives-trump-doj-reality-check-on-kilmar-abrego-garcia/">Judge gives Trump DOJ reality check on Kilmar Abrego Garcia</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_519587" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-519587" class="size-full wp-image-519587" src="https://am22.mediaite.com/lc/cnt/uploads/2025/04/Trump-and-Xinis.jpg" alt="Left: President-elect Donald Trump on &quot;Meet the Press&quot; Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. District Judge Paula Xinis attends her nomination hearing before the U.S. Senate on July 22, 2015 (Senate Judiciary Committee)." width="1200" height="627"/></p>
<p id="caption-attachment-519587" class="wp-caption-text">Left: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. District Judge Paula Xinis attends her nomination hearing before the U.S. Senate on July 22, 2015 (Senate Judiciary Committee).</p>
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<p>Fed up with the government’s “gamesmanship” and “grandstanding” over the <a href="https://lawandcrime.com/high-profile/unheard-of-and-improper-trump-admin-refuses-to-produce-high-ranking-official-to-testify-about-controversial-use-of-death-master-file-in-pressuring-migrants-to-self-deport/" target="_blank" rel="noopener">Kilmar Abrego Garcia</a> deportation case, a <a href="https://lawandcrime.com/high-profile/unlawful-action-federal-judge-shuts-down-trumps-attempt-to-strip-deportation-protections-from-half-a-million-immigrants/" target="_blank" rel="noopener">federal judge</a> in Maryland tore into the <a href="https://lawandcrime.com/high-profile/his-claimed-emergency-is-a-figment-of-his-own-imagination-lawsuit-by-public-interest-law-firm-savages-trumps-tariffs-as-illegal-and-unprecedented-power-grab/" target="_blank" rel="noopener">Trump administration</a> on Tuesday afternoon following <a href="https://lawandcrime.com/high-profile/dhs-would-take-him-trump-admin-doubles-down-on-barring-wrongly-deported-dads-return-as-attorneys-allege-president-is-ignoring-scotus-order/" target="_blank" rel="noopener">yet another nose-thumbing</a> by the Justice Department in court filings — with DOJ lawyers and administration officials being blasted for not providing proper updates and blatantly ignoring judicial orders related to the deported dad’s situation.</p>
<p>“We’re going to do this by the federal rules of civil procedure,” U.S. District Judge Paula Xinis told Deputy Assistant Attorney General for Immigration Litigation Drew Ensign and the court Tuesday at a highly-anticipated hearing on Abrego Garcia’s deportation saga, according to Politico reporter <a href="https://x.com/kyledcheney/status/1912239627575972277?s=46" target="_blank" rel="noopener">Kyle Cheney</a>, who was in attendance.</p>
<p>“No press release is going to move the court the same way that sworn, under oath testimony from persons with knowledge,” Xinis said. “If you have objections, you’re going to have to make them consistent with the rules.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Noting how she wanted to “move” things forward quickly, Xinis scolded Ensign and the DOJ for not providing proper updates on Abrego Garcia’s location, his mental and physical health condition and what steps are being taken to bring him back.</p>
<p>The Trump administration <a href="https://lawandcrime.com/high-profile/dhs-would-take-him-trump-admin-doubles-down-on-barring-wrongly-deported-dads-return-as-attorneys-allege-president-is-ignoring-scotus-order/">dug in its heels earlier in the day</a>, defiantly telling Xinis in a court declaration that even if Abrego Garcia were to be returned to the U.S. somehow — after he was mistakenly <a href="https://lawandcrime.com/high-profile/unlawful-action-federal-judge-shuts-down-trumps-attempt-to-strip-deportation-protections-from-half-a-million-immigrants/">deported</a> to a terrorist prison in El Salvador — he would be swiftly detained and removed again upon his arrival. An attorney for the Department of Homeland Security filed the sworn declaration minutes before Tuesday’s afternoon hearing began.</p>
<p>“If Abrego Garcia does present at a port of entry, he would become subject to detention by DHS,” <a href="https://www.courtlistener.com/docket/69777799/77/abrego-garcia-v-noem/">the declaration states</a>. “In that case, DHS would take him into custody in the United States and either remove him to a third country or terminate his withholding of removal because of his membership in MS-13, a designated foreign terrorist organization, and remove him to El Salvador.”</p>
<p>The administration’s declaration was filed shortly after an attorney for Abrego Garcia — a native of El Salvador who was in the U.S. with protected legal status at the time of his deportation — accused the DOJ of <a href="https://lawandcrime.com/high-profile/wholly-illegal-from-the-moment-it-happened-federal-judge-shreds-trump-admin-says-request-for-more-time-in-case-dad-deported-in-error-blinks-at-reality/">flouting orders</a> from the U.S. Supreme Court and Xinis instructing the government to return Abrego Garcia to the United States. The <a href="https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.75.0.pdf">three-page filing</a> alleges that Trump administration officials have been intentionally misconstruing court orders since Abrego Garcia, whose wife and child are both U.S. citizens, was deported in “error” in March under President Donald Trump’s unprecedented use of the Alien Enemies Act of 1798 (AEA), a wartime authority only previously invoked three times, the last of which was during World War II.</p>
<p><a href="https://lawandcrime.com/high-profile/dhs-would-take-him-trump-admin-doubles-down-on-barring-wrongly-deported-dads-return-as-attorneys-allege-president-is-ignoring-scotus-order/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘DHS would take him’: Trump admin doubles down on barring wrongly deported dad’s return as attorneys allege president is ignoring SCOTUS order</strong></a></p>
<p class="qualified qualified-5">Specifically, the filing focuses on the government’s interpretation of the word “facilitate” in orders from both the Supreme Court and Xinis.</p>
<p class="qualified qualified-6">Last Thursday, the high court largely upheld Xinis’ prior order requiring the Trump administration to “facilitate” Abrego Garcia’s release from the Salvadoran work prison. Xinis subsequently ordered the DOJ to inform her on Abrego Garcia’s current status and the steps the DOJ has taken and plans to take to “facilitate” his return to the U.S., but the Trump administration has been outwardly defiant, repeatedly stonewalling the court with daily updates that provide Xinis with little to none of the information requested.</p>
<p>“There will be no tolerance for gamesmanship or grandstanding,” Xinis declared Tuesday at the hearing.</p>
<p>“Cancel vacations, cancel other appointments,” she said. “I’m usually pretty good about that … Not this time. I will be flexible if you need to accommodate [depositions] in the courthouse. I’m going to be available if you need to do it at odd hours or weekends. That’s what I’m talking about.”</p>
<p>Xinis argued, according to Cheney and other reporters in attendance Tuesday, that every day Abrego Garcia is locked away in El Salvador is “a day of further irreparable harm” for him and his family. Abrego Garcia’s wife was at the federal courthouse in Greenbelt, Maryland, where protesters reportedly gathered to voice their support for him.</p>
<p>“Kilmar, if you can hear me, stay strong,” the man’s wife, Jennifer Vasquez Sura, said outside the courthouse, according to New York Magazine’s <a href="https://nymag.com/intelligencer/article/kilmar-abrego-garcia-supreme-court-trump-administration-el-salvador-updates.html" target="_blank" rel="noopener">Intelligencer</a> outlet.</p>
<p>“God hasn’t forgotten about you,” Sura added. “Our children are asking when will you come home and I pray for the day that I tell them the time and date that you’ll return.”</p>
<p>Describing the government’s response, Sura said: “This administration has already taken so much from my children, from Kilmar’s mother, brother, sisters and me.”</p>
<p>President Trump on Saturday evening stated that the fate of Abrego Garcia and all of the “barbarians” deported without due process through the AEA <a href="https://lawandcrime.com/high-profile/these-barbarians-are-now-in-the-sole-custody-of-el-salvador-trump-official-insists-dad-deported-in-error-is-alive-and-secure-but-potus-says-his-future-not-up-to-us/">was up to El Salvador’s president, Nayib Bukele</a>.</p>
<p>On Monday, <a href="https://x.com/nayibbukele/status/1911803520845545960" target="_blank" rel="noopener">Trump met with Bukele at the White House</a> and took questions about Abrego Garcia’s situation, per <a href="https://www.npr.org/2025/04/14/nx-s1-5364502/trump-bukele-el-salvador-deportation" target="_blank" rel="noopener">NPR</a>.</p>
<p>Both he and Bukele tried claiming that their country’s hands were tied when pressed by reporters about why Abrego Garcia couldn’t be brought back to the United States.</p>
<p>“The question is preposterous,” Bukele said. “How can I smuggle a terrorist into the United States? I don’t have the power to return him to the United States.”</p>
<p>Asked why the U.S. wasn’t complying with the Supreme Court’s order, Trump <a href="https://www.rollingstone.com/politics/politics-news/trump-bukele-el-salvador-deportation-oval-office-1235317056/" target="_blank" rel="noopener">told</a> CNN’s Kaitlan Collins: “How long do we have to answer this question? Why don’t you just say, ‘Isn’t it wonderful that we’re keeping criminals out of our country?’ Why can’t you just say that?”</p>
<p>Xinis said Tuesday that the comments between the two presidents in the Oval Office were not a “nonresponsive answer” to her questions.</p>
<p>“If that were in a court of law — it would have real infirmities in a trial, in a court of law,” the judge explained, per Cheney.</p>
<p>“It is not a direct response, nor is the quip about smuggling someone into the United States,” she said. If the government were “facilitating” his return, Xinis asserted that there would be no “smuggling” going on.</p>
<p>“When a wrongfully removed individual [is outside U.S. borders] it’s not so cut-and-dried that all you have to do is remove obstacles domestically,” Xinis reportedly told the DOJ.</p>
<p>The judge said there would be “two weeks of intensive discovery” to come in the case and that it was time for the Trump administration to accept defeat and move on.</p>
<p>“You made your jurisdictional arguments, you made your venue arguments,” Xinis said, according to Cheney. “You made your arguments on the merits. You lost. This is now about the scope of the remedy.”</p>
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<p><em>Jerry Lambe contributed to this report.</em></p>
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<p>The post <a href="https://homesafetytechpros.com/judge-gives-trump-doj-reality-check-on-kilmar-abrego-garcia/">Judge gives Trump DOJ reality check on Kilmar Abrego Garcia</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Kilmar Abrego Garcia &#8216;alive&#8217; — but Trump says US hands tied</title>
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		<pubDate>Sun, 13 Apr 2025 19:39:24 +0000</pubDate>
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					<description><![CDATA[<p>Inset: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Background: Immigration records for Kilmar Abrego Garcia (WTTG/YouTube). Kilmar Abrego Garcia, the Maryland man who was wrongly deported to El Salvador by the U.S. government last month, is “alive and secure” at a notorious work prison there, the State Department insists [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/kilmar-abrego-garcia-alive-but-trump-says-us-hands-tied/">Kilmar Abrego Garcia &#8216;alive&#8217; — but Trump says US hands tied</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="post-body">
<div id="attachment_517913" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-517913" class="size-full wp-image-517913" src="https://am24.mediaite.com/lc/cnt/uploads/2025/04/Trump-and-Kilmar-Abrego-Garcia.jpg" alt="Inset: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Background: Immigration records for Kilmar Abrego Garcia (WTTG/YouTube)." width="1200" height="627"/></p>
<p id="caption-attachment-517913" class="wp-caption-text">Inset: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Background: Immigration records for Kilmar Abrego Garcia (WTTG/YouTube).</p>
</div>
<p>Kilmar Abrego Garcia, the <a href="https://lawandcrime.com/tag/maryland/">Maryland</a> man who was <a href="https://lawandcrime.com/opinion/beginning-to-assert-their-constitutional-authority-federal-judiciary-may-be-gearing-up-for-a-face-off-with-trump-administration/" target="_blank" rel="noopener">wrongly deported to El Salvador </a>by the U.S. government last month, is “alive and secure” at a notorious work prison there, the State Department insists — but his “future is up to” the Central American country, according to <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">President Donald Trump</a>.</p>
<p>The facility, known as the Center for Terrorism Confinement (CECOT), has been described as a “black hole of human rights” and “steel pit” where terrorists, murderers and “psychopaths” are reportedly held, <a href="https://www.bbc.com/news/world-latin-america-68244963" target="_blank" rel="noopener">according to the BBC</a>.</p>
<p>Trump said on Saturday night that it was ultimately up to President Nayib Bukele, of El Salvador, to decide what to do with “barbarians” like Abrego Garcia, who were deported under an 18th-century wartime authority last month and placed in CECOT custody — Abrego Garcia mistakenly, despite the fact that he had legal permission to live in the U.S. as a protected resident of Maryland, with his wife and child both being U.S. citizens.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“Looking forward to seeing President Bukele, of El Salvador, on Monday!” Trump wrote on the <a href="https://truthsocial.com/@realDonaldTrump/114327375256344311" target="_blank" rel="noopener">Truth Social</a> platform.</p>
<p>“Our Nations are working closely together to eradicate terrorist organizations, and build a future of Prosperity,” Trump said.</p>
<p>“President Bukele has graciously accepted into his Nation’s custody some of the most violent alien enemies of the World and, in particular, the United States,” Trump added. “These barbarians are now in the sole custody of El Salvador, a proud and sovereign Nation, and their future is up to President B and his Government. They will never threaten or menace our Citizens again!”</p>
<p>Attorneys for the Justice Department on Friday <a href="https://lawandcrime.com/high-profile/wholly-illegal-from-the-moment-it-happened-federal-judge-shreds-trump-admin-says-request-for-more-time-in-case-dad-deported-in-error-blinks-at-reality/">repeatedly stonewalled U.S. District Judge Paula Xinis on her inquiries</a> about Abrego Garcia, who was mistakenly deported on March 15 under the administration’s unprecedented use of the Alien Enemies Act of 1798.</p>
<p>The administration has defied Xinis’ order to bring Abrego Garcia home <a href="https://lawandcrime.com/high-profile/chief-justice-roberts-again-saves-trump-admin-allowing-president-to-fire-biden-appointed-board-members-for-now/">despite the U.S. Supreme Court on Thursday largely upholding her previous ruling</a> — requiring the DOJ to “facilitate” Abrego Garcia’s return to the country.</p>
<p>A major point of contention in the Abrego Garcia case has been Xinis’ use of the term “facilitate.”</p>
<p><a href="https://x.com/WashObserver/status/1910747776125985272" target="_blank" rel="noopener">Speaking to reporters on Friday</a>, White House Press Secretary Karoline Leavitt insisted that the Supreme Court had ruled that the administration was required to “facilitate the return, not to effectuate the return” of Abrego Garcia.</p>
<p>DOJ lawyers said in court that they had no information on Abrego Garcia’s location — and could not contradict the plaintiff’s assertion that he was in El Salvador — as the Justice Department was “still internally reviewing the Supreme Court’s decision” and “vetting” what it could say exactly to the court.</p>
<p>Xinis addressed that point in a <a href="https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.57.0_1.pdf">written order</a> Friday morning, saying that the Trump administration’s “suggestion that they need time to meaningfully review a four-page order [from the Supreme Court] that reaffirms this basic principle [that Abrego Garcia’s deportation was illegal] blinks at reality.”</p>
<p>Per her written order, the judge demanded to know what steps the DOJ had taken to “facilitate” Abrego Garcia’s release, sparking a testy exchange.</p>
<p>“The defendants are not yet prepared to share that information,” Ensign responded, <a href="https://x.com/kyledcheney/status/1910741825855644145" target="_blank" rel="noopener">according to Politico reporter Kyle Cheney</a>.</p>
<p>“That means they’ve done nothing,” Xinis fired back. “The irreparable harm continues. I’m not sure what to take from the fact that the Supreme Court has spoken quite clearly, and yet I can’t get an answer today.”</p>
<p>Ensign reportedly suggested that Xinis give the government until Tuesday, April 15, to provide her with some answers, but noted that the response might “include assertions of privilege.”</p>
<p>The back-and-forth returned to the high court’s Thursday ruling, with Xinis reportedly saying: “We’re not going to slow-walk this. We’re not relitigating what the Supreme Court has already put to bed.”</p>
<p>Deputy Assistant Attorney General Drew Ensign replied, “We read the Supreme Court’s order differently.”</p>
<p><a href="https://lawandcrime.com/high-profile/these-barbarians-are-now-in-the-sole-custody-of-el-salvador-trump-official-insists-dad-deported-in-error-is-alive-and-secure-but-potus-says-his-future-not-up-to-us/‘Going to assassinate him myself’: Man ‘buying 1 gun a month since the election’ threatened to kill Trump in multiple YouTube comments under name ‘Mr Satan,’ FBI says" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Going to assassinate him myself’: Man ‘buying 1 gun a month since the election’ threatened to kill Trump in multiple YouTube comments under name ‘Mr Satan,’ FBI says</strong></a></p>
<p>On Saturday, Michael Kozak — a senior State Department official who’s had alleged communications with the U.S. embassy in El Salvador — filed a <a href="https://www.documentcloud.org/documents/25895925-koazak-filing-abrego-garcia/" target="_blank" rel="noopener">two-page declaration</a> with the lower court, saying Abrego Garcia was alive and being held at the terrorism center, though further details could not be provided on what efforts were being made exactly to bring him back.</p>
<p>“I am aware that the instant lawsuit has been filed seeking the return of Kilmar Armando Abrego Garcia to the United States from El Salvador,” Kozak said.</p>
<p>“I provide this declaration based on my personal knowledge, reasonable inquiry, and information obtained from other State Department employees,” he explained. “It is my understanding based on official reporting from our Embassy in San Salvador that Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador. He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador. I declare under penalty of perjury that the foregoing is true and correct.”</p>
<p>On Friday, Trump suggested that he would return Abrego Garcia to the United States if that’s what was ordered by the Supreme Court.</p>
<p>“If the Supreme Court said bring somebody back, I would do that,” Trump told reporters on Air Force One, according to Politico. “I respect the Supreme Court,” the president said. “I have great respect for the Supreme Court. I’m not totally well versed as to the specific case, but if they said to bring him back, I would tell them to bring him back.”</p>
<p>Kozak’s update was filed 10 minutes after Xinis’ deadline Saturday.</p>
<p>While he did confirm that Abrego Garcia was “alive and secure” based on his “personal knowledge, reasonable inquiry, and information obtained from other State Department employees,” it’s unclear whether or not Kozak directly spoke with anyone who has seen Abrego Garcia or communicated with him directly.</p>
<p>The Maryland dad’s legal team filed court documents Saturday, asking that Xinis officially begin the process of contempt proceedings and start ordering them to adhere to specific requirements being asked of them by the courts.</p>
<p>“Defendants accordingly request that the Court order the Government to show cause why it should not be held in contempt for failing to comply with this Court’s orders, in accordance with its inherent authority,” Abrego Garcia’s lawyers said in a <a href="https://www.documentcloud.org/documents/25895923-motion-for-addiitional-relief-abrego-garcia/" target="_blank" rel="noopener">motion for additional relief</a>. “Plaintiffs request that the Court order the Government to take by end of the day Monday, April 14, 2025, the specific steps set forth above to comply with the injunction in this case; order expedited discovery as set forth above; and order the Government to show cause by 10 a.m. Monday, April 14, 2025 why it should not be held in contempt due to its failure to comply with the Court’s prior orders.”</p>
<p><a href="https://lawandcrime.com/high-profile/public-demands-for-transparency-under-law-doj-violating-foia-by-refusing-to-release-jeffrey-epstein-files-conservative-watchdog-says/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Public demands for transparency under law’: DOJ violating FOIA by refusing to release Jeffrey Epstein files, conservative watchdog says</strong></a></p>
<p>In their<a href="https://www.documentcloud.org/documents/25895924-proposed-order-abrego-garcia/" target="_blank" rel="noopener"> proposed order</a> on Saturday, Abrego Garcia’s team laid out four specific steps that the government should be required to take to comply with Xinis’ preliminary injunction.</p>
<p>First, the lawyers asked Xinis to order the government’s “agents and contractors” to release Abrego Garcia from custody in El Salvador “pursuant to the contract or arrangement providing for his detention there at the Government’s direction,” per the proposed order.</p>
<p>Next, the attorneys asked that “dispatch personnel” accompany Abrego Garcia upon his release from CECOT “to ensure his safe passage to the aircraft that will return him to the United States.” Third, they requested that air transportation be provided for Abrego Garcia to return to Maryland as he may not be in “current possession of sufficient identification” to board a commercial flight home.</p>
<p>Lastly, Abrego Garcia’s team asked that he be issued “parole pursuant to INA Section 212(d)(5), 8 USC § 1182(d)(5)” and that all paperwork and forms required to allow him to reenter the United States be provided for by the government.</p>
<p>“The Government should immediately produce contemporaneously prepared documents, in such form as they existed at the time of Abrego Garcia’s removal, sufficient to reflect the terms of any agreement, arrangement or understanding regarding the Government’s use of CECOT to house U.S. deportees,” the proposed order says.</p>
<p>“To the extent the Government contends that such documents do not exist, it should be ordered to produce a witness for Tuesday’s hearing who can testify from personal knowledge about the terms of the arrangement,” the order adds. “The Government should produce witnesses for Tuesday’s hearing from the Department of Homeland Security, Department of Justice, and Department of State who can testify from personal knowledge about (i) Abrego Garcia’s current physical location and custodial status; (ii) what steps, if any, the Government has taken to facilitate Abrego Garcia’s return to the United States; (iii) whether the Government has informed officials at CECOT that it wishes Abrego Garcia to be released into U.S. custody; and (iv) what, if any, additional steps the Government intends to take, and when, to facilitate Abrego Garcia’s return.”</p>
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<p><em>Jerry Lambe contributed to this report. </em></p>
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