Federal prosecutors informed a judge on Thursday that immigration authorities intend to deport Kilmar Abrego Garcia — not to his home country of El Salvador, but to a third country — if he is released from custody in Tennessee.
During a court hearing, U.S. Magistrate Judge Paula Xinis asked how soon deportation proceedings would begin. A government attorney responded that while deportation is not “imminent,” he could not provide a specific timeframe.
A hearing on the issue has been scheduled for July 7. Meanwhile, the Justice Department confirmed Thursday evening that Abrego Garcia will stand 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 DOJ spokesperson told Fox News.
Legal Battle Over Custody and Deportation
Abrego Garcia, previously deported to El Salvador, was recently brought back to the U.S. to face criminal charges. His attorneys are now pushing to have him returned to Maryland, where he lived with his wife and children for years before his deportation — which the Trump administration previously acknowledged as an “administrative error.”
His lawyers filed an emergency motion Thursday urging Judge Xinis to stop Immigration and Customs Enforcement (ICE) from deporting him again while his trial in Tennessee is ongoing.
They argued that ICE could attempt to remove him over the weekend, writing:
“If this Court does not act swiftly, then the Government is likely to whisk Abrego Garcia away to some place far from Maryland.”
While a federal judge in Nashville recently ruled that Abrego Garcia could be released while awaiting trial, she decided to keep him in custody for a few more days due to concerns that immigration officials might quickly deport him before legal proceedings advance.
Controversial Background and Allegations
The Trump administration has labeled Abrego Garcia a suspected member of the violent MS-13 gang — an allegation he denies. In addition, court documents reveal that his wife, Jennifer Vasquez Sura, obtained a protective order against him in 2020. She accused him of physically and verbally abusing her and emotionally harming their children.
Abrego Garcia, who has lived in the U.S. for over a decade, pleaded not guilty earlier this month to human smuggling charges.
“He’s a bad guy,” former President Donald Trump said in a statement this week. “The courts will show how horrible this guy is.”
If released from jail, prosecutors say ICE will immediately begin deportation efforts — not to El Salvador, but to another, unspecified country. The legal fight over his fate continues as both criminal and immigration proceedings move forward.
