Judge Orders Sworn Testimony from Trump Officials Over Noncompliance in Wrongful Deportation

Kilmar Abrego Garcia in El Salvador prison

A federal judge in Maryland has ordered four former Trump administration officials to provide sworn testimony regarding their alleged failure to comply with a court order in the high-profile wrongful deportation case of Kilmar Abrego Garcia.

On Tuesday, US District Judge Paula Xinis granted attorneys for Abrego Garcia the authority to depose Robert Cerna, Evan Katz, Michael Kozak, and Joseph Mazzara—former officials with the Department of Homeland Security and the US State Department.

The judge cited “significant questions regarding noncompliance with a court order” as grounds for compelling their testimony.

Abrego Garcia, a Salvadoran national, was deported in March despite a 2019 federal court order barring his removal based on credible fears he would face persecution in El Salvador. His removal has since sparked widespread legal and diplomatic controversy.

Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, is seen wearing a Chicago Bulls hat, in this handout image obtained by Reuters on April 9, 2025. Abrego Garcia Family/Handout via REUTERS THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. MANDATORY CREDIT.

Judge Xinis criticized the Trump-era officials for appearing to do “nothing” to fulfill the court’s prior directive to facilitate Abrego Garcia’s return. In her ruling, she rejected the administration’s narrow reading of the term “facilitate”—which they argued only required the removal of domestic obstacles. Instead, Xinis emphasized that the government was obligated to actively assist in securing Abrego Garcia’s release from custody in El Salvador.

The legal dispute intensified after the US Supreme Court last Thursday affirmed that the federal government must take steps to facilitate Abrego Garcia’s return. However, the high court questioned whether the lower court order extended to effectuating the return, leading Xinis to clarify that her mandate requires only facilitation.

The administration has argued that Garcia’s continued detention is solely within the jurisdiction of El Salvador. A top Trump advisor recently echoed that position, but Salvadoran President Nayib Bukele publicly dismissed the claim, stating he does not have unilateral power to release Abrego Garcia.

In addition to authorizing depositions by April 23, Xinis has permitted Abrego Garcia’s legal team to seek relevant documents by April 16. The court also left open the possibility for additional depositions, pending judicial approval.

The outcome of the depositions may determine whether further legal or diplomatic action is taken to resolve Garcia’s wrongful removal.