Federal prosecutors have told a judge in Maryland that the United States government plans to initiate a new round of removal proceedings against Kilmar Abrego Garcia, a Salvadoran man whose mistaken deportation in March drew outcry.
On Thursday, Department of Justice lawyer, Jonathan Guynn, said the removal proceedings would be to a “third country”, not El Salvador, where Abrego Garcia was previously deported.
But the prosecutor also said the government’s plans are not “imminent”. Guynn added that the US government would comply with all court orders.
The government’s plan came to light as part of an emergency request presented to US District Judge Paula Xinis in Greenbelt, Maryland.
Abrego Garcia is currently being held in Tennessee, where he faces criminal charges. But judges in Tennessee have indicated they plan to release Abrego Garcia – leaving him vulnerable to re-arrest by immigration agents.
His lawyers petitioned Judge Xinis to order the government to take Abrego Garcia to Maryland when he is released in Tennessee, to prevent his deportation before he stands trial.
“We have concerns that the government may try to remove Mr Abrego Garcia quickly over the weekend,” Jonathan Cooper, one of Abrego Garcia’s lawyers, said.
Judge Xinis, however, said she could not move as quickly as Abrego Garcia’s lawyers requested.
Abrego Garcia is one of the most prominent immigrants swept up in President Donald Trump’s recent push for “mass deportation”.
Though he was subject to a 2019 protection order allowing him to remain in the country, Abrego Garcia was arrested and deported around March 15, setting off a high-profile legal battle for his return.
Initially, he was held with hundreds of other deported men in El Salvador’s Centro de Confinamiento del Terrorismo, or CECOT, a maximum-security prison accused of housing abusive conditions. But by April, amid intense media scrutiny, it was revealed he had been transferred to another facility in the city of Santa Ana.
Prior to his removal, Abrego Garcia had not been charged with a crime. But when the US government announced his abrupt return on June 6, it revealed that it had sought an indictment against Abrego Garcia on human smuggling charges.
That case is ongoing in Tennessee. Abrego Garcia has pleaded not guilty, and his lawyers there have argued that the charges are an attempt by the Trump administration to save face.
The Trump administration, meanwhile, has accused Abrego Garcia of being a member of the MS-13 gang and a danger to society. It has relied on a 2022 video of a traffic stop involving Abrego Garcia as evidence: He is seen driving a large vehicle with nine passengers, while a police officer speculates why they do not have luggage.
Officials have previously described Abrego Garcia’s initial March deportation as an “administrative error”.
Separately from the Tennessee case, Judge Xinis has weighed whether the March deportation was unlawful – and whether the Trump administration’s actions constitute contempt of court.
In April, Xinis, and later the US Supreme Court, ruled that the US government had an obligation to “facilitate” Abrego Garcia’s return from El Salvador after his mistaken deportation.
But lawyers for Abrego Garcia have argued that the US government delayed and failed to provide court-mandated information about his return. All the while, they say, the Trump administration was preparing criminal charges against their client.
On Thursday, Judge Xinis said she had to consider the Trump administration’s pending motions to dismiss the case before she could rule on the emergency request to bring Abrego Garcia to Maryland.
She scheduled a July 7 court hearing in Maryland to discuss the emergency request and other matters.
Source: Aljazeera
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