One day after a judge outlined possible bail conditions for Kilmar Abrego Garcia in his human smuggling case, his attorneys filed an emergency motion requesting that he be returned to Maryland while awaiting trial.
The government informed U.S. District Judge Paula Xinis that if Abrego Garcia is granted bond, the administration plans to deport him to a country other than his native El Salvador, according to ABC News.
Abrego Garcia was deported in March to El Salvador’s CECOT mega-prison, despite a 2019 court order preventing his removal due to fears he would face persecution there.
He was brought back to the U.S. earlier this month to face charges in Tennessee.
The charges accuse him of transporting undocumented migrants while living in Maryland. He has pleaded not guilty.
On Wednesday, Abrego Garcia appeared in a Tennessee courtroom.
The presiding judge ordered both his attorneys and the Justice Department to submit legal briefs addressing whether the government can prevent his deportation while he awaits trial, the Conservative Brief reported.
At a scheduling conference Thursday in Maryland, Judge Xinis questioned government attorney Jonathan Guynn about the Department of Homeland Security’s plans if Abrego Garcia is released on bond.
Guynn stated that Abrego Garcia would be taken into Immigration and Customs Enforcement (ICE) custody and removal proceedings would begin.
When Xinis asked if the deportation would be to El Salvador or another country, Guynn replied that it would be to a third country, not El Salvador.
Judge Xinis further questioned the timeline for the removal. Guynn said there is no specific timeline for the deportation.
When asked if the removal might happen quickly or take longer, Guynn responded that there are no immediate plans to deport him to a third country.
In the emergency motion filed Thursday, Abrego Garcia’s attorneys requested that he be returned to Maryland, where he lives with his wife and children.
The attorneys also asked the court to bar the government from removing him from the continental United States or transferring him out of Maryland while awaiting trial.
His lawyer warned that without swift court action, the government might quickly deport Abrego Garcia far from Maryland.
Judge Xinis said she would not issue a ruling on the motion by Friday, when both sides are scheduled to submit briefs on his release conditions.
This situation occurs amid reports that the Department of Homeland Security is deporting some migrants not to their home countries but to conflict zones such as South Sudan and Libya, according to The Hill.
Following a Supreme Court order requiring his return, Abrego Garcia was brought back to Tennessee to face human trafficking charges linked to a 2022 traffic stop.
During that stop, he reportedly claimed he was transporting workers.
The Department of Justice charged him with unlawful transportation of undocumented immigrants and conspiracy.
U.S. Magistrate Judge Barbara Holmes in Nashville ruled that Abrego Garcia could be released while awaiting trial.
Holmes found that he does not pose a flight risk or a danger to the community.
She set bail conditions, including that Abrego Garcia live with his brother, a U.S. citizen, in Maryland.
However, Holmes has delayed his release due to concerns prosecutors may not be able to prevent ICE from deporting him.
The judge noted she does not have authority over ICE and expressed uncertainty about controlling immigration enforcement actions.
