The Trump administration hasn’t made a definitive decision on where Kilmer Abrego Garcia will be deported if he is released from a Tennessee prison. However, U.S. immigration officials indicated that both Mexico and South Sudan are open to taking in nationals from El Salvador.
During a federal court session in Maryland, Thomas Giles, the assistant director of U.S. Immigration and Customs Enforcement (ICE), stated that they would detain Abrego Garcia following his release as he awaits trial on human smuggling charges.
U.S. District Judge Paula Sinis is contemplating whether to order Abrego Garcia to be sent to Maryland.
This case has been a focal point for Republican President Donald Trump’s immigration stance, particularly after Abrego Garcia was deported to his home country in March.
The administration faced increasing pressure, alongside a U.S. Supreme Court ruling, leading to his return last month to confront smuggling charges linked to a speeding traffic stop in Tennessee from 2022.
At that time, he was driving with nine passengers and no luggage, which raised suspicions of human smuggling, though he was allowed to continue driving.
His legal team has described the charge as absurd and believes deporting him would hinder his ability to defend himself in court. DOJ lawyers argue he doesn’t pose a danger.
A federal judge in Tennessee is set to release Abrego Garcia next Wednesday.
A lengthy court hearing occurred in Maryland, focusing on ICE’s next steps. Sasha Rand, representing Abrego Garcia, pressed Giles for detailed information on the processes he might encounter within the U.S. immigration court system.
Rand also queried ICE officials regarding the treatment Abrego Garcia might face in Mexico and South Sudan.
Giles assured that they wouldn’t send anyone to a country where they risk persecution or torture.
When asked if Abrego Garcia faced such threats in the notorious Salvador megaprison, Giles responded uncertainly, “I don’t know.”
Abrego Garcia’s lawyer recently alleged that he endured beatings and psychological torture at that facility, which President Nayib Bukele of El Salvador has denied.
Rand raised concerns about whether Abrego Garcia would be removed abruptly. An ICE representative mentioned that he could express concerns about going back to the cited countries.
Giles suggested that someone would need to express any fears promptly.
Rand asked if that meant within minutes or seconds, to which Giles indicated that if such fear were stated before departure, the individual could still be assessed. If a “reliable fear” is identified, they would be referred to an immigration judge for a final decision.
Judge Sinis briefly considered a 48-hour pause on the attempt to deport Abrego Garcia, but no agreement was reached.
Simon Sandoval Moshenberg, another of Abrego Garcia’s lawyers, told reporters outside the Maryland courtroom that the government would not go for a 48-hour pause. The hearing is set to continue Friday morning.
Abrego Garcia has denied the smuggling charges from Tennessee. A federal judge in Nashville had previously deemed him not to be a flight risk and prepared for his release but later decided to keep him detained due to concerns about deportation.
While awaiting trial, his attorneys requested a delay in his release pending the upcoming July 16 hearing in Nashville.
The administration’s deportation of Abrego Garcia in March allegedly violated a 2019 order from a U.S. immigration judge, which prohibited his return to El Salvador due to the likelihood of persecution by local gangs that posed threats to him and his family.
Abrego Garcia’s wife has initiated legal action against the administration concerning his deportation, attempting to prevent a second removal. Her case is pending with Judge Sinis in Maryland.
For over a decade, Abrego Garcia lived and worked in the state, building a life and family before his deportation. The administration has repeatedly denied any wrongdoing, asserting that he wasn’t charged but claimed he was associated with the MS-13 gang.
