Trump administration plans to deport Abrego Garcia to 3rd country, prosecutors say
A day after the judge in Kilmar Abrego Garcia's human smuggling case outlined the conditions of his potential release on bail, his attorneys filed an emergency motion Thursday seeking to have him returned to Maryland as he awaits trial.
But a government attorney told U.S. District Judge Paula Xinis that, should Abrego Garcia be released on bond, the administration will seek to deport him to a country other than his native El Salvador.
Abrego Garcia, who was deported in March to El Salvador's CECOT mega-prison despite a 2019 court order barring his deportation to that country due to fear of persecution, was brought back to the U.S. earlier this month to face charges in Tennessee of allegedly transporting undocumented migrants within the U.S. while he was living in Maryland. He has pleaded not guilty.
He appeared in a Tennessee courtroom Wednesday, where the judge overseeing his criminal case ordered Abrego Garcia's attorneys and the Justice Department to file briefs on whether the government has the ability to prevent his deportation while he awaits trial.
At a Thursday afternoon scheduling conference in Maryland, Judge Xinis asked the government’s attorney, Jonathan Guynn, about the Department of Homeland Security's intentions after the Tennessee court issues Abrego Garcia's release order as expected.
"Our plan is to -- he will be taken into ICE custody and removal proceedings will be initiated," Guynn replied.
Judge Xinis then asked if it would be to El Salvador or another country.
"To a third country, is my understanding," Guynn responded.
Ask about the timeline, Guynn said, "My understanding is there is no timeline."
The judge then asked if that meant 30 seconds, 30 days, or 30 months.
"I'll just say there are no imminent plans to remove him to a third country," said Guynn.
In their emergency motion filed Thursday, Abrego Garcia's lawyers asked that Abrego Garcia be returned to Maryland, where he had been living with his wife and children, and that the government refrain from removing him from the continental U.S. or transferring him outside of Maryland.
Judge Xinis said she would not have the matter settled by Friday, when the parties in his criminal case are expected to file their briefs regarding his release.
