One day after a judge specified the conditions for Kilmar Abrego Garcia’s possible bail release in his human smuggling case, his attorneys submitted an emergency motion on Thursday, requesting that he be returned to Maryland while awaiting trial.
However, a government attorney informed U.S. District Judge Paula Xinis that if Abrego Garcia is granted bond, the administration plans to deport him to a country other than his home nation of El Salvador, as reported by ABC News on Thursday.
Abrego Garcia, who was deported in March to El Salvador’s CECOT mega-prison despite a 2019 court ruling that prohibited his removal to that country due to concerns of persecution, was brought back to the United States earlier this month to face charges in Tennessee. He is accused of transporting undocumented migrants while living in Maryland and has entered a plea of not guilty.
On Wednesday, he appeared in a Tennessee courtroom, where the presiding judge instructed both his attorneys and the Justice Department to provide briefs on whether the government can legally obstruct his deportation while he awaits trial.
During a scheduling conference on Thursday afternoon in Maryland, Xinis inquired of government attorney Jonathan Guynn regarding the Department of Homeland Security’s plans following Abrego Garcia’s anticipated release order from the Tennessee court.
“Our plan is to — he will be taken into ICE custody and removal proceedings will be initiated,” Guynn stated, according to ABC. Xinis then questioned whether the deportation would be to El Salvador or another country.
“To a third country, is my understanding,” Guynn replied, as Xinis subsequently inquired about the timeline for removal.
“My understanding is there is no timeline,” the federal attorney stated. Xinis asked if that implied 30 seconds, 30 minutes, or 30 days. “I’ll just say there are no imminent plans to remove him to a third country,” Guynn answered.
In an emergency motion submitted on Thursday, the attorneys representing Abrego Garcia requested his return to Maryland, where he had been residing with his wife and children. They also sought to prevent the government from removing him from the continental United States or transferring him outside of Maryland.
“If this court does not act promptly, the government may likely transport Abrego Garcia to a location far removed from Maryland,” stated Abrego Garcia’s attorney in correspondence to Xinis.
Xinis indicated that a decision on this matter would not be available by Friday, the day when both parties in his criminal case are anticipated to file briefs concerning the conditions of his possible release, as reported by ABC.
These comments arise amidst the Department of Homeland Security’s initiatives to deport certain migrants not to their countries of origin, but rather to nations afflicted by conflict, such as South Sudan and Libya, as noted by The Hill.
Following a Supreme Court directive mandating the Trump administration to facilitate his return, Abrego Garcia was returned to Tennessee to address human trafficking allegations stemming from a 2022 traffic stop, during which he asserted he was transporting workers.
The Department of Justice has subsequently charged him with the unlawful transportation of undocumented immigrants and a related conspiracy charge.
U.S. Magistrate Judge Barbara Holmes in Nashville determined that Abrego Garcia is entitled to be released while awaiting trial, concluding that he does not represent a flight risk or a threat to the community.
She specified conditions for his release, which include residing with his brother—a U.S. citizen—in Maryland. However, Holmes has postponed his release due to apprehensions that prosecutors may be unable to prevent U.S. Immigration and Customs Enforcement from deporting him, as added by The Hill.
“I have no doubts regarding my capability to instruct the local U.S. attorney’s office,” the judge remarked during court proceedings this week. “I do not believe I possess any authority over Immigration and Customs Enforcement.”
