The Trump administration has done nothing to facilitate the release of the wrongly deported Maryland man, his lawyers say.

The federal judge who ordered his return will hear from attorneys for the Trump administration at a court hearing on Tuesday afternoon, one day after a highly anticipated meeting in the Oval Office in which the president of El Salvador stated that he would not return a Maryland man who had been wrongfully deported and is currently being held in his country. Kilmar Abrego Garcia is entering his second month in an El Salvador mega-prison after he was deported there on March 15 despite being issued a 2019 court order barring his deportation to that country.

Abrego Garcia, who escaped political violence in El Salvador in 2011, is said to be a member of the criminal gang MS-13 by Trump administration officials, but they have provided little evidence to support this claim in court. He is being held in El Salvador's notorious CECOT prison, along with hundreds of other alleged migrant gang members, under an arrangement in which the Trump administration is paying El Salvador $6 million to house migrants deported from the United States as part of President Donald Trump's immigration crackdown.

Attorney General Pam Bondi, in an Oval Office meeting Monday with President Trump and the visiting El Salvador president, said that Abrego Garcia's return is "up to El Salvador."

"If El Salvador ... wanted to return him, we would facilitate it," she said.

President Bukele responded, "I don't have the power to return him to the United States," when reporters inquired about Abrego Garcia. In a motion filed Tuesday in advance of the hearing, lawyers for Abrego Garcia argued that the Trump administration has not taken any steps to comply with the orders to facilitate his release.

They wrote in the filing, "There is no evidence that anyone has requested the release of Abrego Garcia." The attorneys also took issue with the government's interpretation of the word "facilitate," which the administration has argued in court filings is limited to removing any domestic obstacles that would impede the return of Abrego Garcia to the United States.

Abrego Garcia's lawyers argued that this interpretation of the term would render "null" the Supreme Court's order that the government facilitate his release.

"To give any meaning to the Supreme Court's order, the government should at least be required to request the release of Abrego Garcia. To date, the government has not done so," they wrote in their motion.

In its daily update on the case's status, which was ordered by the United States last week, according to District Judge Paula Xinis and attorneys for the Justice Department, the Department of Homeland Security "does not have the authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation," the statement was made on Monday afternoon.

The Supreme Court last week unanimously ruled that Judge Xinis "properly requires the government to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador."

The high court added, "The government should be prepared to share what it can regarding the steps it has taken and the prospect of further steps." An Abrego Garcia attorney expressed his hope that Tuesday's hearing "lights a fire under the government to comply with the Supreme Court's order" in an interview with Linsey Davis of ABC News on Monday evening.

Attorney Benjamin Osorio stated, "What we're asking [of Trump] is exactly what the Supreme Court told him." "I personally have worked with DHS to facilitate the return of a number of other clients who were deported and won their cases at the circuit court level or at the Supreme Court, and ICE facilitated their return," the author states. Osorio stated, "So we're not asking anyone to do anything illegal." "We're requesting that they adhere to the law," Osorio commented on Bukele's claim that he does not possess the power to return Garcia. "It feels a little bit like the Spider-Man meme where everybody's pointing at everybody else." "But at the same time, I mean, we are renting space from the Salvadorans. We are paying them to house these individuals, so we could stop payment and allow them to be returned to us."

Osorio responded that he was worried but hopeful when asked if he was certain that Abrego Garcia would be returned. He stated, "I'm worried about the rule of law and our Constitution, and I'm worried about due process." "So at this point, I am optimistic to see what happens in the federal court hearing."