Federal prosecutors told a judge Thursday that if Kilmar Abrego Garcia is released from jail in Tennessee, the Trump administration will move to deport him to a third country, not his native El Salvador.
During a court hearing, U.S. Magistrate Judge Paula Xinis asked how soon that deportation might happen. A federal prosecutor said it wouldn’t be “imminent,” but gave no specific timeline.
Judge Xinis has scheduled a follow-up hearing for July 7. The Department of Justice confirmed later Thursday that Abrego Garcia will go to trial on federal human smuggling charges.
“This defendant has been charged with horrific crimes, including trafficking children, and will not walk free in our country again,” a Justice Department spokesperson said.
Lawyers Push to Keep Garcia in Maryland
Abrego Garcia’s legal team is fighting to block any deportation and filed an emergency motion Thursday asking Judge Xinis to order the government to return him to Maryland, where he lived with his American wife and children before being deported earlier this year.
His attorneys fear that immigration officials could deport him as soon as this weekend, bypassing legal proceedings in Tennessee.
“If this Court does not act swiftly,” the lawyers warned, “then the Government is likely to whisk Abrego Garcia away to some place far from Maryland.”
Though another judge had ruled that Garcia could be released while awaiting trial, she delayed his release Wednesday due to concerns ICE would quickly remove him from the U.S. before his case could proceed.
Background on the Case
Abrego Garcia, originally from El Salvador, has lived in the U.S. for over a decade. Earlier this year, he was mistakenly deported to a high-security prison in El Salvador, despite a 2019 court order blocking his removal over concerns of possible persecution. The Trump administration admitted the deportation was an “administrative error” and brought him back earlier this month to face smuggling charges.
Federal authorities allege he helped transport undocumented migrants while living in Maryland. He has pleaded not guilty.
President Donald Trump has weighed in on the case, calling Garcia “a bad guy” and saying,
“The courts will show how horrible this guy is.”
Past Allegations
The Trump administration claims Garcia was a member of the violent MS-13 gang—an accusation he and his lawyers deny. Additionally, his wife filed a protective order in 2020, accusing him of verbal and physical abuse, including against her children.
For now, Garcia remains in federal custody, as legal battles over where—and whether—he’ll stand trial continue.
