A federal judge presiding over the immigration case of Kilmar Abrego Garcia in Maryland expressed concerns on Tuesday regarding the government’s efforts to expedite the deportation of the Salvadoran national while his criminal proceedings in Tennessee remain unresolved.
This hearing comes in response to a request from the Justice Department last month to lift a preliminary injunction that currently prevents authorities from re-detaining Abrego Garcia, which would allow for his deportation to Liberia, a West African nation.
During the hearing, U.S. District Judge Paula Xinis emphasized, “There is no emergency if what you’re telling me is true that you want to prosecute Mr. Abrego Garcia in Tennessee,” and pointed out, “You can’t have it both ways — he physically needs to be in this country to be prosecuted.”
Abrego Garcia, who had been residing in Maryland with his family, was deported back to El Salvador last March, sent to a high-security prison known as CECOT. This action was taken despite a 2019 court ruling that prohibited his deportation due to concerns about potential persecution. The Trump administration had accused him of being affiliated with the notorious gang MS-13, an allegation he denies.
He was returned to the United States in June to face charges related to human smuggling in Tennessee, to which he has pleaded not guilty.
When Judge Xinis inquired during the hearing whether the government was planning to dismiss the indictment in Tennessee, DOJ attorney Ernesto Molina confirmed that it was not.
Additionally, Xinis questioned why the government had not entertained the option of relocating Abrego Garcia to Costa Rica, which he prefers as a destination for removal. “It is widely known that the United States has reached an agreement with Costa Rica to deport individuals in similar situations to Abrego Garcia,” she noted.
Molina responded that Abrego Garcia could opt to deport himself to Costa Rica, which would fulfill his removal order. Xinis countered this suggestion, labeling it a “fantasy,” as a federal court order from the judge overseeing the Tennessee case mandates that Abrego Garcia attend his hearings.
“Yes, your honor, you’re correct,” Molina acknowledged.
Judge Xinis pressed further, “You’re admitting that you’re not dismissing the indictment, and you all know that Mr. Abrego Garcia has to be in the United States … so why are you pursuing this motion to dissolve if the criminal case is still necessary for the government?”
Molina reiterated that the Department of Homeland Security’s priority is to remove Abrego Garcia from the United States.
