US Government Seeks Dismissal of Kilmar Abrego Garcia Deportation Lawsuit

The Trump administration has filed motions in Maryland federal court seeking dismissal of the lawsuit filed by Kilmar Abrego Garcia's family, arguing the court lacks jurisdiction because Abrego Garcia is currently detained in El Salvador, not in U.S. custody. Despite orders from the 4th U.S. Circuit Court of Appeals and the Supreme Court to facilitate his return, the Department of Justice contends that since Abrego Garcia is held by the Salvadoran government, the U.S. courts cannot enforce his repatriation. Abrego Garcia was deported in March 2025 despite an immigration judge's 2019 order protecting him from removal due to credible threats he would face violence if returned to El Salvador. The administration describes his deportation as an administrative error but maintains that judicial review is barred under the Immigration and Nationality Act and that sensitive diplomatic negotiations prevent disclosure of details. Abrego Garcia and his lawyers deny allegations of MS-13 gang affiliation, which were cited by the Trump administration to justify his removal and detention, though confidential court information supported those claims. Plaintiffs argue the government uses legal doctrines like the state secrets privilege to avoid accountability, while judges have criticized DOJ lawyers for delays in complying with court orders.