The Trump administration is considering relocating Kilmer Abrego Garcia to a country other than his native El Salvador after his release from a Tennessee prison, as stated by federal prosecutors in Maryland on Thursday.
Justice Department attorney Jonathan Ginn mentioned that the removal process would involve a “third country,” but added there is currently “no impending plan” for Abrego Garcia’s deportation, emphasizing that the US government intends to comply with all court mandates.
Ginn confirmed these plans during an urgent conference call involving Abrego Garcia’s attorneys and US District Judge Paula Sinis in Greenbelt, Maryland. His lawyers had urgently requested that the court order the government to transport Abrego Garcia to Maryland following his release in Tennessee.
“There are concerns that the government may try to quickly remove Abrego Garcia over the weekend, and that’s what it is,” noted one of his attorneys, Jonathan Cooper, during the call.
Prosecutors say “There is no timeline”
However, Judge Sinis indicated that she couldn’t act as quickly as Abrego Garcia’s lawyers wanted. She mentioned the need to review ongoing claims from the Trump administration that seek to dismiss the lawsuit before addressing the emergency request. A court hearing has been scheduled in Maryland for July 7 to discuss these urgent matters and others.
It’s unclear if the government would attempt to deport Abrego Garcia before the criminal charges against him, which were sealed earlier this month, are addressed in court.
“There’s no timeline,” Ginn reassured the judge on Thursday.
“We will abide by whatever orders are issued by this court and others,” he continued. “But there isn’t a timeline regarding these specific procedures.”
Deporting Abrego Garcia before he stands trial would contradict the administration’s recent decision to bring him back to face human smuggling charges. Attorney General Pam Bondy stated, “This looks like American justice.”
Abrego Garcia, a construction worker from Maryland, drew attention to Trump’s immigration policies after being mistakenly deported to El Salvador in March. He has been in custody in Tennessee since June 7, facing human smuggling accusations.
US Magistrate Judge Barbara Holmes in Nashville ruled that Abrego Garcia should be released while awaiting trial. However, she chose to detain him for several days due to worries that an immigration officer might attempt to deport him again.
His Maryland attorney proposed a solution linked to his wife, who is suing the Trump administration over the March deportation. They asked Judge Sinis to instruct the government to return him to Maryland as he waits for trial. Sinis is overseeing the lawsuit in Greenbelt.
“If this court doesn’t act promptly, the government is likely to send Abrego Garcia away from Maryland,” his lawyer mentioned in a communication with Sinis.
Abrego Garcia lived in Maryland, near Washington, with his American wife and children for over ten years. His deportation raised issues due to a 2019 order from a US immigration judge, which recognized a credible threat from gang violence against him and his family.
The Trump administration labeled the immigration judge’s order violation as a mere administrative mistake. Officials have repeatedly accused Abrego Garcia of having ties with the MS-13 gang, charges he has denied.
Abrego Garcia pleaded not guilty to smuggling charges on June 13, which his attorneys argue are simply attempts to justify his wrongful deportation to an infamous prison in El Salvador.
These accusations stemmed from a 2022 traffic incident in Tennessee where he was found driving with nine passengers and no luggage.
Judge Holmes noted that federal prosecutors failed to prove Abrego Garcia posed a flight risk or a threat to the community in her ruling on the matter.
During the hearing, Holmes imposed certain conditions for Abrego Garcia’s release, requiring him to live with a US citizen in Maryland. However, concerns over the inability of immigration and customs enforcement to prevent his deportation led her to refrain from granting his immediate release.
Holmes ordered both Abrego Garcia’s attorneys and prosecutors to submit briefs on the subject by the end of the week.
The US must pull the diplomatic lever
César Cuauhtémoc García Hernández, a law professor at Ohio State University, explained that the Trump administration has the legal authority to try to relocate him to another country.
“The Trump administration will need to engage its diplomatic channels,” the professor remarked. “It’s rare, but it’s not unprecedented.”
Abrego Garcia has the option to contest the criminal charges and any attempts to remove him in immigration court, showcasing his connections to the United States, García Hernández noted.
Regardless of the immigration judge’s ruling, there’s a possibility to appeal to the Immigration Appeals Committee, which can also be challenged in federal court.
