DOJ Seeks to Revoke Injunction for Trump’s Immigration Policy

On Friday, the Department of Justice (DOJ) requested a judge to lift an injunction that currently prevents the Trump administration from re-detaining Kilmer Abrego Garcia for quick deportation to Liberia.

The DOJ stated in court documents that, “Dissolution is warranted” as the court’s own prior injunction was the only thing keeping Garcia from being removed immediately. They argue that while the court cannot create barriers that delay his release, it also shouldn’t claim that his detention is unacceptably prolonged.

In their filing, they added, “Any attempt by this court to permanently stop the government from deporting appellants is contrary to established legal norms and violates the law.”

Abrego Garcia, who reportedly is associated with MS-13, was expelled to a prison in El Salvador last year. However, he returned to the U.S. in June to face human smuggling charges stemming from a traffic stop in Tennessee, even though the administration initially claimed it lacked the authority to bring him back. His attorney refutes the claim of his MS-13 membership.

Judicial Decisions on Abrego Garcia

Following a lengthy hearing, a U.S. judge committed to making a decision on Abrego Garcia’s situation “soon.” In December, he was released on the grounds that the necessary final deportation notice had not been issued for his move to a third country.

Garcia, who is 31 years old, has become a significant figure in the immigration debate since his deportation to El Salvador in March, which contradicted a 2019 court ruling. That ruling acknowledged an administrative error by the Trump administration. The Supreme Court later ruled that the administration must make efforts to return him to the U.S.

Garcia has pleaded not guilty to the human smuggling charges and is requesting them to be dismissed, suggesting that he is a victim of vindictive and selective prosecution.

A previous court order had prohibited Abrego Garcia from being deported due to threats against his family from gangs in El Salvador. He entered the U.S. illegally as a teenager and was under the supervision of Immigration and Customs Enforcement (ICE).

Last month, U.S. District Judge Paula Chisinis transformed an emergency order keeping ICE from immediately detaining him into long-term injunctive relief requested by his attorneys. She pointed out that the administration did not provide adequate justification indicating that they planned to deport him to a third country soon, calling the claims of potential deportation “empty threats.”

While Garcia expressed willingness to be extradited to Costa Rica, acting director of ICE Todd Lyons stated that plans were made to transfer him to Liberia instead. In December, Garcia’s attorney mentioned that he would likely head to Costa Rica, where he had been granted asylum.

The DOJ has asked for a ruling on the request to overturn the injunction by April 17.