A federal judge has rejected the Justice Department’s motions to dismiss a lawsuit filed by Kilmar Abrego Garcia, who was wrongly deported to El Salvador earlier this year. U.S. District Judge Paula Xinis labeled one of the motions “meritless” and strongly criticized the government’s conduct, particularly its failure to inform her court of Abrego Garcia’s sealed indictment and his impending return to the United States.

Abrego Garcia, a Salvadoran national, was among over 250 men deported from the U.S. to El Salvador in March, where he was detained in a high-security prison. He later filed a lawsuit challenging his deportation. In response, Judge Xinis ordered the U.S. government to assist in his return. Though he was brought back in June, he was immediately charged in Tennessee with human trafficking stemming from a 2019 traffic stop.

During a recent court hearing, Judge Xinis expressed concerns that the indictment may have been used strategically to bring Abrego Garcia back without informing the court, effectively bypassing her earlier orders. His legal team only learned of his return through news reports, further highlighting a lack of government transparency in the matter.

Justice Department attorney Bridget O’Hickey claimed the U.S. had been in ongoing negotiations with El Salvador to repatriate Abrego Garcia. However, Judge Xinis questioned the accuracy and credibility of that explanation, and dismissed the argument that the lawsuit was moot simply because he had been returned to U.S. soil.

Judge Xinis concluded by stressing that due process must be guaranteed. She warned the government against removing Abrego Garcia again without prior notice and legal justification, insisting that any future deportation follow proper judicial procedures.