Federal prosecutors informed a judge on Thursday that the Trump administration has initiated a removal lawsuit against Kilmer Abrego Garcia. They noted that if he is released from the Tennessee prison where he is currently held, he would be deported to a country other than his native El Salvador.
When U.S. Magistrate Judge Paula Sinnis inquired about the timing of the removal—whether it could be in “30 seconds or 30 days, or 30 months”—the prosecutors stated that it could only be described as “not imminent.”
A hearing on this matter is set for July 7th.
The judge has imposed strict conditions on Abrego Garcia’s release as Trump officials pursue the lawsuit against him.
There’s a question about whether the judge possesses the authority to mandate Abrego Garcia’s return to Maryland. His legal team is asking Judge Sinnis to order his return and prevent U.S. Immigration and Customs Enforcement (ICE) from deporting him while the criminal case in Tennessee is underway.
Currently, Abrego Garcia is in federal custody facing charges of human smuggling, which he denies. His attorney submitted an emergency motion requesting that the judge facilitate his return to Maryland and halt any deportation efforts until the ongoing case resolves.
They expressed concerns to Judge Sinnis that “the government may try to quickly remove Garcia over the weekend.”
Another federal judge in Nashville had previously ruled that Abrego Garcia should be allowed to remain free while awaiting trial; however, she later decided to keep him detained for several days out of fear that an immigration officer might attempt to deport him again.
“If this court does not act promptly, the government is likely to drive Abrego Garcia away from Maryland,” said his lawyer in a request to Judge Sinnis in Greenbelt, Maryland.
Having lived in Maryland with his American wife and children, Abrego Garcia was deported to El Salvador due to what the Trump administration characterized as administrative errors. He has resided in the U.S. for over a decade.
Meanwhile, the Trump administration claims that Abrego Garcia is associated with the MS-13 gang, a charge he vehemently denies. Additionally, his wife, Jennifer Vazquez Sula, filed a protection order against him in August 2020, asserting that both their son and her stepchild need protection from him and accusing him of various forms of abuse.
Earlier this month, Abrego Garcia entered a not-guilty plea concerning the smuggling allegations.
