After the less than helpful and illuminating shadow docket decision by the Supreme Court, District Judge Paula Xinis found herself in a quandary. Do her orders matter or not? Does she hold the government in contempt or not? Does one person whose rendition was undeniably unlawful have to stay in a notorious torture prison in El Salvador or not? Was she going to be the person who either forced the Trump administration to back down and comply, or was she going to be the judge about whom the president says “let Xinis enforce it”?

Judge Xinis made her decision.

In advance of the conference, the Court had directed Defendants to file a supplemental declaration from an individual with personal knowledge, addressing the following: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate Abrego Garcia’s immediate return to the United States; and (3) what additional steps Defendants will take, and when, to facilitate his return. Defendants made no meaningful effort to comply. Instead, they complained that the Order is “unreasonable and impracticable,” and involves “sensitive country-specific considerations wholly inappropriate for judicial review.”

These were not particularly difficult questions, and the same amount of time dedicated to stonewalling the court could have gone into providing answers to these very basic questions. The government chose not to do so.

During the hearing, the Court posed straightforward questions, including: Where is Abrego Garcia right now? What steps had Defendants taken to facilitate his return while the Court’s initial order on injunctive relief was in effect (from the afternoon of April 4, 2025, through the morning of April 7, 2025, and since 6:35 PM last night)? Defendants’ counsel responded that he could not answer these questions, and at times suggested that Defendants had withheld such information from him. As a result, counsel could not confirm, and thus did not advance any evidence, that Defendants had done anything to facilitate Abrego Garcia’s return. This remained Defendants’ position even after this Court reminded them that the Supreme Court of the United States expressly affirmed this Court’s authority to require the Government “facilitate” Abrego Garcia’s return.

And what did Judge Xinis think about the government’s lack of response?

Accordingly, it is hereby ORDERED that beginning April 12, 2025, and continuing each day thereafter until further order of the Court, Defendants shall file daily, on or before 5:00 PM ET, a declaration made by an individual with personal knowledge as to any information regarding: (1) the current physical location and custodial status of Abrego Garcia; (2) what steps, if any, Defendants have taken to facilitate his immediate return to the United States; (3) what additional steps Defendants will take, and when, to facilitate his return. A follow-up in-person hearing will be scheduled for Tuesday, April 15, 2025, at 4:00 PM.

So obey my order or I’ll make you write a report every day? This is reminiscent of judges who sternly warn litigants to do as ordered or they will get another stern warning. The government has now been order numerous times to provide the court with basic information about the status of Abrego Garcia. And lest we forget, this is the make-up artist sheet metal worker who is wrongfully sitting in a notorious prison where neither guards nor fellow prisoners are necessarily inclined to treat him kindly. Every day, every minute, he sits in prison when he should not not be in prison matters.

It’s understandable that Judge Xinis might feel beleaguered at this point, The government has largely sloughed her off, and the Supreme Court’s backing was vague and somewhat less than supportive of her authority to hold the government in contempt. Not to be tendentious about it, even if the court held the contumacious conduct in contempt, who would be responsible and what exactly should she do about it? It’s bad enough to have some assistant tell an Article III judge that she’s not worthy of a response, but what happens when they laugh at her contempt threats?

While the political gambit plays out in Judge Xinis’ Maryland courtroom, Kilmar Armando Abrego Garcia sits in prison, assuming he’s still alive and capable of sitting. We don’t even know that.