A judge for the US District Court for the District of Maryland ordered Trump officials on Tuesday to give sworn testimony regarding their compliance with her prior order to facilitate the return of Kilmar Abrego Garcia. Abrego Garcia was mistakenly deported to El Salvador in March, despite a court order from 2019 barring such a deportation due to the probability of his persecution.

The Tuesday order allows attorneys for Abrego Garcia to depose Robert Cerna, Evan Katz, Michael Kozak and Joseph Mazzara, Trump officials in the Department of Homeland Security and State Department. Citing case law, Judge Paula Xinis stated that depositions are permitted when there are “significant questions regarding noncompliance with a court order.” She found the Trump administration “appear[s] to have done nothing” to facilitate Abrego Garcia’s return, as required by her prior order. The administration maintains that “facilitate” means to remove only domestic barriers that could impede Abrego Garcia’s return. Xinis rejected this interpretation, finding to “facilitate” requires the government to aid and assist Abrego Garcia’s release from Salvadoran custody.

Earlier, the US Supreme Court on Thursday affirmed that the government must facilitate Abrego Garcia’s return to the US. The Supreme Court questioned if the lower court’s prior order properly required the government to also “effectuate” the return. In response, Xinis has only required the Trump administration to “facilitate” Abrego Garcia’s release. Still, a top Trump advisor recently said that Garcia’s release was at the sole direction of El Salvador. However, President Nayib Bukele rejected the idea that he could return Abrego Garcia.

The Trump officials must testify by April 23. Xinis also allowed Abrego Garcia’s attorneys to request documents by April 16 and to seek the court’s permission to depose other individuals by April 23.