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Abrego Garcia Returned to U.S., Lawyers Push Contempt Case Against Trump Administration

His legal team argues that bringing him back to Tennessee for human smuggling charges does not moot their bid to sanction officials for violating court orders.

Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, looks on during a press conference with other family members, supporters and members of the Congressional Hispanic Caucus, in Washington, D.C., on April 9, 2025.
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Demonstrators rally outside the White House to demand the return of Kilmar Armando Abrego Garcia to the United States and to mark the May Day holiday on May 1, 2025.

Overview

  • Kilmar Abrego Garcia was flown back on June 6 to face a two-count federal indictment in Nashville accusing him of conspiracy and unlawful transportation of undocumented immigrants.
  • He had been deported to El Salvador in March despite a 2019 court order barring his removal and a Supreme Court ruling, prompting allegations of executive defiance of judicial authority.
  • In filings before U.S. District Judge Paula Xinis, Garcia’s attorneys are seeking contempt sanctions by June 11 for what they call “willful, persistent violations” of return orders.
  • The Justice Department asserts that his return satisfies the facilitation order and renders the civil case moot, but his lawyers counter that jurisdiction remains to address due process failures and potential re-removal.
  • The dispute has revived questions over the Trump administration’s use of the Alien Enemies Act and its handling of other immigrants deported under similar policies.