A federal judge showed irritation towards Justice Department lawyers during an extensive hearing on Friday, looking into the Trump administration’s plans to deport Kilmer Abrego Garcia, a Salvadoran man who had previously been wrongfully sent back to El Salvador, to Africa.
Currently, Abrego-Garcia is in ICE custody in the U.S. but is protected from being sent back to El Salvador.
U.S. District Judge Paula Kishinis is reviewing arguments from Abrego-Garcia’s attorneys, who contend that the administration is unfairly punishing him by trying to deport him to African nations that won’t accept him, instead of extraditing him to Costa Rica.
His lawyer has urged the judge to release him, with a written decision to follow later.
“They’ve scoured the globe for places to send him, whether it’s for political reasons or just to choose locations that are really unwelcoming to Mr. Abrego-Garcia, effectively setting him up to fail,” attorney Andrew Rothman remarked.
In August, the government expressed plans to extradite Abrego-Garcia to Uganda, but after he voiced concerns about his safety, he was informed last month they were considering sending him to the landlocked nation of Eswatini.
During the hearing, Judge Sinis requested that the Trump administration bring in witnesses knowledgeable about the situation to help clarify the complexities involved.
The designated witness, John Schultz, has over 20 years of experience with Immigration and Customs Enforcement (ICE) and currently manages removal operations in Africa and elsewhere.
Schultz stated that he only sought Eswatini’s acceptance for Abrego-Garcia on Wednesday evening. Although Eswatini declined, discussions are ongoing.
“The final decision comes when the manifest is submitted, and usually, there are no cases where it is rejected after submission,” Schultz explained.
Following Uganda and Eswatini, the government recently mentioned plans to send Abrego-Garcia to Ghana, but just hours before the hearing, Ghana’s foreign minister made it clear on social media that the country “does not accept Mr. Abrego-Garcia.”
Schultz acknowledged that this notice was “sent prematurely.”
His testimony appeared to frustrate Judge Sinis, who indicated that Justice Department lawyers had disregarded her directions by choosing witnesses who lacked knowledge about Abrego-Garcia’s extradition request to Costa Rica.
“How can we be sure you’re genuinely pursuing this if the government isn’t making any efforts to get him to the one place he says he’s willing to go?” Sinis remarked.
The Justice Department has stated that Abrego-Garcia has previously claimed he could face threats in over 20 countries, including Costa Rica.
“While we recognize that today’s court clarification might influence the analysis, it remains a significant issue,” remarked Justice Department attorney Drew Ensign.
Judge Sinis, appointed by former President Barack Obama, has temporarily halted Abrego-Garcia’s deportation while further steps are determined.
Schultz conveyed confidence that if the judge reversed her decision and allowed Eswatini to accept Abrego-Garcia, he could be deported within 72 hours.
“We could expedite his removal immediately,” Schultz testified.
The case of Abrego-Garcia represents a contentious point related to the Trump administration’s immigration policies during its second term. The administration has accused him of being affiliated with the MS-13 gang, a claim that Abrego-Garcia denies.
After entering the U.S. illegally, Abrego-Garcia lived in Maryland for years and gained national attention when he was deported in March to a notorious prison in El Salvador, despite an immigration order that prevented his removal due to fears of persecution.
In June, the government transported him from El Salvador to Tennessee to address felony human smuggling charges. He pleaded not guilty and was allowed to return to Maryland while awaiting trial.
Now, Abrego-Garcia is back in the custody of immigration authorities and is being held in Pennsylvania as the government deliberates on potential deportation once more.
