In yet another display of judicial overreach, U.S. District Judge Paula Xinis has floated the possibility of holding the Trump administration in contempt—for refusing to retrieve a deported illegal alien from a sovereign foreign prison. Yes, really.
At the center of this drama is Kilmar Abrego Garcia, an illegal alien who was deported to El Salvador, where he now resides behind bars in a terrorism confinement center. Garcia’s deportation was labeled a “mistake” by some in the U.S. bureaucracy, but let’s not lose the plot: he was never a legal resident, he was removed from the country in accordance with immigration law, and he’s not coming back—regardless of the media and activist lawyer spin machine.
According to NBC News, Judge Xinis is demanding that the Trump administration produce evidence of its efforts to secure Garcia’s return and warned she may pursue contempt proceedings. This move defies logic, foreign policy boundaries, and constitutional limitations on judicial power.
.@PressSec is SICK and TIRED of rehashing the case of deported illegal alien and alleged MS-13 gang member Kilmar Abrego Garcia:
“I’m not sure what is so difficult about this for everyone in the media to understand. And it’s appalling — truly appalling — that there has been so… pic.twitter.com/osvnGv8O4n
— Townhall.com (@townhallcom) April 15, 2025
Here’s the kicker: the Supreme Court already ruled that the administration must facilitate Garcia’s return—not effectuate it. That legal distinction matters. Facilitate means they won’t obstruct him if he shows up at the border, but they are not required to actively retrieve him—especially not from a foreign prison in a sovereign nation.
Foreign relations and immigration enforcement fall squarely under the executive branch. District courts do not have the authority to conduct diplomacy, make prisoner exchange demands, or compel foreign governments to act. Judge Xinis is operating well outside her lane.
Even more absurd is the idea that President Nayib Bukele of El Salvador has already said flat-out: he’s not releasing Garcia. “I don’t smuggle terrorists into the United States,” Bukele said plainly. That should have ended the conversation right there.
Karoline Leavitt sets the record straight!
“Abrego Garcia was a foreign terrorist. He is an MS-13 gang member. He was engaged in human trafficking. He illegally came into our country. So, deporting him back to El Salvador was always going to be the end result. There is never… pic.twitter.com/l5DZiWsiQC
— Townhall.com (@townhallcom) April 15, 2025
Let’s call this what it is: legal warfare against the Trump administration. The judiciary, increasingly populated with activist judges, is attempting to undermine executive authority by pushing radical interpretations of immigration and civil rights. Now, it seems, some on the bench are angling to manufacture a contempt charge—perhaps as a precursor to impeachment fodder or political ammunition for House Democrats.
This is about more than one deportation. It’s about control—who gets to run immigration policy: elected officials, or unelected judges?
And let’s not forget: if Garcia were magically returned to the U.S. today, he’d be re-arrested at the border and swiftly deported again under current policy. He’s not being welcomed back with open arms—he’s being kept out as required by law.
