Deportation Proceedings for Kilmer Abrego Garcia

GREENBERT, Maryland — U.S. District Judge Paula Sinis seems likely to issue a temporary restraining order to stop the Trump administration from deporting Kilmer Abrego Garcia if he is released from custody next week.

Judge Sinis mentioned that, should she grant the restraining order, it would be limited and prevent immigration officials from removing Abrego Garcia from the country. Longtime residents of Maryland are also awaiting a decision regarding a lawsuit about the parameters for deportation under a final elimination allowance.

She expressed confusion over remarks made by Justice Department lawyers who claimed immigration officers had detained Abrego Garcia but had failed to prepare any necessary documents.

Attorneys involved in the case are requesting a 72-hour restraining order, arguing that a longtime resident was unlawfully arrested by immigration officers after being mistakenly deported to El Salvador in March.

Abrego Garcia is currently awaiting trial in Tennessee on criminal charges, having been mistakenly taken by El Salvador during the process.

If the restraining order is granted, it would prevent the Trump administration from sending Abrego Garcia to another country without allowing him the chance to contest his removal.

“Our concern is that he could be gone in no time, and we wouldn’t be able to hear from him again,” noted Andrew Rothman, one of Abrego Garcia’s lawyers.

Abrego Garcia has detailed experiences of psychological and physical torture at a notorious prison in El Salvador. The U.S. is spending up to $15 million to help detain around 300 men in those facilities.

Upcoming Hearing

It’s possible that Abrego Garcia could be released from pretrial detention on charges related to human smuggling stemming from a 2019 traffic stop. A hearing is scheduled for Wednesday in federal court in Tennessee regarding an order that would delay his release.

A DOJ lawyer indicated that the Trump administration plans to deport Abrego Garcia before he goes to trial in Tennessee.

Abrego Garcia has pleaded not guilty, with his attorneys claiming that President Trump is using the indictment as a means to deflect criticism against the federal government’s actions regarding the deportation process.

Since 2019, Abrego Garcia has been protected from deportation due to fears of gang violence in his home country.

The Trump administration has branded him as a leader of the MS-13 gang but has yet to present any evidence of this claim in court.

Judge Sinis expressed worry that deporting Abrego Garcia could result in harm, given the administration’s allegations against him.

She raised the possibility that he could be sent to El Salvador if deported to a third country.

Detention Issues

The Trump administration has placed a hold on Abrego Garcia’s potential release, indicating their intention to keep him detained until they can take further action.

Judge Sinis repeatedly asked DOJ lawyers to produce documents related to his custody status, but they claimed they were still working on it. She expressed frustration, suggesting they had been uncooperative in providing the expected documents.

“In my view, you destroyed it,” she remarked during the hearing.

At one point, a DOJ attorney provided a copy of a detainer form to Abrego Garcia’s attorney, who had been attempting to obtain it.

Rothman commented that there were significant gaps in the details surrounding the detainer.

He noted that the final removal order is the basis on which Abrego Garcia has been held, according to the detainer.

However, top officials at Immigration and Customs Enforcement testified that, since Abrego Garcia has not been officially removed yet, they couldn’t clarify what actions would follow.

“We have a clear chicken and egg problem,” Rothman stated.

DOJ’s Stance

Thomas Giles, an assistant director of ICE’s Enforcement and Removal Operations, testified that he couldn’t detail the Trump administration’s plans for Abrego Garcia. The agency might attempt to deport him to a third country or address the bar against his removal to El Salvador.

Judge Sinis also pointed out her doubts about whether the Trump administration had a clear plan for Abrego Garcia’s situation, which is widely known.

The DOJ attorney contended that immigration officers will make the final decisions regarding Abrego Garcia’s status.

“This contradicts the reality that it’s ultimately up to the desk officers,” Judge Sinis remarked.

A decision regarding the temporary restraining order is expected by Wednesday.