Trump Administration Vows to Deport Kilmar Abrego Garcia Before His Trial

The Trump administration intends to deport Kilmar Abrego Garcia once more—this time before he even stands trial on federal charges—if he is released from custody, a Justice Department lawyer told a U.S. district judge on Monday.

Abrego Garcia, a Maryland father of three, has been at the center of a high-profile immigration dispute since March, when he was mistakenly deported to El Salvador in violation of a court order that protected him from removal due to safety concerns. He was later returned to the U.S. and is currently jailed in Tennessee, facing what his legal team calls “preposterous” human smuggling charges.

U.S. District Judge Paula Xinis, who is overseeing a separate civil case in Maryland filed by Abrego Garcia’s family, expressed concern about what might happen if he is released from pre-trial detention, which could happen as early as next week.

“[The Department of Homeland Security] is removing people from this country very fast … are you going to take the same speed with Mr. Abrego?” Xinis asked DOJ attorney Jonathan Guynn, according to CNN.

Guynn responded that there are no plans to hold Abrego Garcia in indefinite ICE custody.

“He will be removed, as would any other illegal alien in that process,” Guynn said.

This stance marks a shift. Just weeks ago, the White House assured the public that Abrego Garcia would remain in the country to face justice. Spokesperson Abigail Jackson had stated he would “face the full force of the American justice system—including serving time in American prison for the crimes he’s committed.”

But Abrego Garcia’s attorneys have argued all along that the administration might backtrack, especially if he were granted release.

“It’s like trying to nail Jell-O to a wall trying to figure out what’s going to happen next week,” Judge Xinis remarked.

Guynn also suggested that Abrego Garcia might be deported to a “third country,” though no details were given on what that would mean or when it might happen.

Judge Xinis has now ordered an evidentiary hearing for Thursday, July 10. The Trump administration must bring a witness with direct knowledge of its plans should Abrego Garcia be released from custody.

A Controversial Case

The case has drawn national attention—and criticism—after it was revealed that former President Trump falsely accused Abrego Garcia of being affiliated with MS-13 in a televised interview. Trump had referenced a photoshopped image that digitally added gang-related tattoos to the father’s knuckles. In reality, Abrego Garcia has tattoos of a marijuana leaf, a smiley face, a cross, and a skull.

Abrego Garcia’s wife, Jennifer Vasquez Sura, previously told CBS Mornings that she didn’t even know her husband had been deported until she recognized him in a photo from a prison in El Salvador.

Court documents reveal that after being detained by ICE in Texas on March 12, he was wrongly informed that “his immigration status had changed.” Abrego Garcia had been granted protected status in the U.S. due to fears he would be targeted by gangs if returned to El Salvador. Reuters has reported that he’s held a U.S. work permit since 2019.

Despite entering the U.S. without documentation as a teenager in 2011, his attorneys maintain that he has built a life and a family here—and should not be deported again before he has his day in court.