Trump's DOJ dealt a loss in bid to toss wrongful deportation lawsuit

President Donald Trump's Justice Department suffered a setback on Monday as a judge denied their initial effort to dismiss Maryland father Kilmar Abrego Garcia's wrongful deportation lawsuit.

This follows U.S. District Judge Paula Xinis giving a DOJ lawyer a brutal dressing down about how they have handled the case.

According to CBS News, Xinis "said to Justice Department attorney Bridget O'Hickey, 'You made three arguments, defendants, and none are availing … meritless.' Xinis, who had ordered the government to facilitate Abrego Garcia's return to the U.S. after he was sent to El Salvador in March, questioned O'Hickey about whether the U.S. had indicted him in order to facilitate his return. The government did not notify Xinis or Abrego Garcia's attorneys when he was returned to the U.S. in June and immediately indicted."

Abrego Garcia, an undocumented man from El Salvador, was summarily deported earlier this year to the infamous CECOT megaprison in El Salvador, despite a protective court order explicitly saying he could not be deported to that country. Later reporting revealed the DOJ had worked behind the scenes to get him returned, but senior officials shut it down on principle.

For months, Trump officials also claimed that it was impossible to have him returned, even holding out for weeks after the Supreme Court ordered them to do so.

The Trump administration has argued that he is a criminal gang member and, after they finally returned him to the United States, alleged in their indictment that he facilitated human trafficking. Abrego Garcia denies all of these allegations.

He has further detailed allegations of horrific torture he suffered while detained in El Salvador, including severe beatings, denial of food, sleep, and bathroom access, being forced into a kneeling position overnight for hours, and constantly being threatened with a transfer into the cells of violent gang members.