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Oct. 24 (UPI) — The Department of Justice filed a motion Friday to deport Kilmar Abrego Garcia to Liberia, a country to which he has no ties.

The Department of Homeland Security has received “diplomatic assurances regarding the treatment of third-country individuals removed to Liberia from the United States and are making the final necessary arrangements for [Abrego Garcia’s] removal,” the filing said.

DHS expects “to be able to effectuate removal as soon as Oct. 31.”

Abrego Garcia, a Baltimore resident, is a native of El Salvador. He was accidentally deported to a Salvadoran prison in March against a court order. In recent months, DHS has been looking for a new place to send him. It’s tried Uganda, Eswatini and Ghana, but those countries refused.

But an immigration judge ordered that Abrego Garcia not be removed from the United States.

Abrego Garcia’s attorney said the government “has chosen yet another path that feels designed to inflict maximum hardship.”

“Having struck out with Uganda, Eswatini and Ghana, ICE now seeks to deport our client Kilmar Abrego Garcia to Liberia — a country with which he has no connection, thousands of miles from his family and home in Maryland,” Simon Sandoval-Moshenberg told ABC News. “Costa Rica has agreed to accept him as a refugee, and remains a viable and lawful option.”

The DOJ said Liberia is “a thriving democracy” and is “committed to the humane treatment of refugees.”

Abrego Garcia has been accused of being a gang member and of human trafficking, stemming from a 2002 traffic stop in Tennessee. Police stopped the vehicle in Tennessee and found several Latino men with no identification. Charges for that case were filed this year. He still awaits trial.

On Oct. 4, a federal judge in Tennessee granted a motion by Abrego Garcia’s defense team that seeks a hearing for vindictive prosecution.

“The timing of Abrego’s indictment suggests a realistic likelihood that senior DOJ and [Homeland Security] officials may have induced Acting U.S. Attorney [Robert] McGuire (albeit unknowingly) to criminally charge Abrego in retaliation for his Maryland lawsuit,” U.S. District Court for Middle Tennessee Judge Waverly Crenshaw Jr. wrote.

The Maryland lawsuit was Garcia’s successful legal challenge in a federal court in which he showed DHS made a mistake when it deported him to El Salvador.

Federal officials also contend Abrego Garcia was a member of the Salvadoran MS-13 gang, though he and his family deny it. They argue that Abrego Garcia fled El Salvador because of gang violence.

HARRISBURG, Pa. — A federal judge has concluded that the Department of Justice’s prosecution of Kilmar Abrego Garcia on human smuggling charges may be an illegal retaliation after he successfully sued the Trump administration over his deportation to El Salvador.

The case of Abrego Garcia, a Salvadoran national who was a construction worker living legally in Maryland when he was wrongly deported to his home country, has become a proxy for the partisan struggle over President Trump’s sweeping immigration crackdown and mass deportation agenda.

U.S. District Judge Waverly Crenshaw late Friday granted a request by lawyers for Abrego Garcia and ordered discovery and an evidentiary hearing in Abrego Garcia’s effort to show that the federal human smuggling case against him in Tennessee is illegally retaliatory.

Crenshaw said Abrego Garcia had shown that there is “some evidence that the prosecution against him may be vindictive.” That evidence included statements by various Trump administration officials and the timeline of the charges being filed.

The departments of Justice and Homeland Security did not immediately respond to inquiries about the case Saturday.

In his 16-page ruling, Crenshaw said many statements by administration officials “raise cause for concern,” but one stood out.

That statement by Deputy Atty. Gen. Todd Blanche, on a Fox News program after Abrego Garcia was charged in June, seemed to suggest that the Department of Justice charged Abrego Garcia because he won his wrongful-deportation case, Crenshaw wrote.

Blanche’s ”remarkable statements could directly establish that the motivations for Abrego’s criminal charges stem from his exercise of his constitutional and statutory rights” to sue over his deportation “rather than a genuine desire to prosecute him for alleged criminal misconduct,” Crenshaw wrote.

Likewise, Crenshaw noted that the Department of Homeland Security reopened an investigation into Abrego Garcia days after the Supreme Court said in April that the Trump administration must work to bring back Abrego Garcia.

Abrego Garcia was indicted May 21 and charged June 6, the day the U.S. brought him back from a prison in El Salvador. He pleaded not guilty and is now being held in Pennsylvania.

If convicted in the Tennessee case, Abrego Garcia will be deported, federal officials have said. A U.S. immigration judge has denied Abrego Garcia’s bid for asylum, although he can appeal.

Abrego Garcia has an American wife and children and has lived in Maryland for years, but he immigrated to the United States illegally as a teenager.

In 2019, he was arrested by immigration agents. He requested asylum but was not eligible because he had been in the U.S. for more than a year. But the judge ruled he could not be deported to El Salvador, where he faced danger from a gang that targeted his family.

The human smuggling charges in Tennessee stem from a 2022 traffic stop. He was not charged at the time.

Trump administration officials have waged a relentless public relations campaign against Abrego Garcia, repeatedly referring to him as a member of the MS-13 gang, among other things, despite the fact he has not been convicted of any crimes. The government has provided no clear evidence of gang affiliation, and Abrego Garcia denies the allegation.

Abrego Garcia’s attorneys have denounced the criminal charges and the deportation efforts, saying they are an attempt to punish him for standing up to the administration.

Abrego Garcia contends that, while imprisoned in El Salvador — in a notorious lockup with a documented history of human rights abuses — he suffered beatings, sleep deprivation and psychological torture. Salvadoran President Nayib Bukele has denied those allegations.

Levy writes for the Associated Press.

BALTIMORE — A U.S. immigration judge on Wednesday denied a bid for asylum from Kilmar Abrego Garcia, whose case has become a proxy for the partisan power struggle over immigration policy.

The judge in the Baltimore immigration court denied an application to reopen Abrego Garcia’s 2019 asylum case, but that is not the final word. Abrego Garcia has 30 days to appeal to the Board of Immigration Appeals.

The Salvadoran national has an American wife and children and has lived in Maryland for years, but he originally immigrated to the U.S. illegally as a teenager. In 2019, he was arrested by immigration agents. He requested asylum but was not eligible because he had been in the country for more than a year. However, the judge ruled that he could not be deported to El Salvador, where he faced danger from a gang that targeted his family.

When he was mistakenly deported to El Salvador in March and kept in a notorious prison, his case became a rallying point for those who opposed President Donald Trump’s immigration crackdown. Facing a ruling from the U.S. Supreme Court, Trump’s Republican administration returned Abrego Garcia to the U.S. in June, only to immediately charge him with human smuggling.

While he faces those criminal charges in Tennessee, based on a 2022 traffic stop, U.S. Immigration and Customs Enforcement is also seeking to deport him to a third country, proposing Uganda first and then Eswatini.

Loller writes for the Associated Press. Loller reported from Nashville, Tenn.

NASHVILLE — Kilmar Abrego Garcia, who was wrongfully deported from the United States to his native El Salvador and whose case became an intensely watched focus of President Trump’s immigration crackdown, has been moved from a Virginia detention center to a facility in Pennsylvania.

Court records show Immigration and Customs Enforcement notified Abrego Garcia’s lawyers Friday that he was transferred to the Moshannon Valley Processing Center in Philipsburg. It said the location would make it easier for the attorneys to access him.

But his attorneys raised concerns about conditions at Moshannon, saying there have been recent reports of “assaults, inadequate medical care, and insufficient food,” according to a federal court filing.

The Trump administration has claimed that Abrego Garcia was a member of the MS-13 gang, an allegation that he denies and for which he was not charged.

The administration returned Abrego Garcia to the U.S. in June, but only to face human smuggling charges. His lawyers have called the case preposterous and vindictive.

Attorneys for U.S. Immigration and Customs Enforcement said in a Friday letter that they intend to send Kilmar Abrego Garcia to the African nation of Eswatini after he expressed a fear of deportation to Uganda.

The letter from ICE to Abrego Garcia’s attorneys was earlier reported by Fox News. It states that his fear of persecution or torture in Uganda is “hard to take seriously, especially given that you have claimed (through your attorneys) that you fear persecution or torture in at least 22 different countries. … Nonetheless, we hereby notify you that your new country of removal is Eswatini.”

Human rights groups have documented violations and abuses in Uganda — as well as in Eswatini, a tiny African kingdom formerly known as Swaziland.

Eswatini’s government spokesperson told the Associated Press on Saturday that it had received no communication regarding Abrego Garcia’s transfer there.

The Salvadoran man lived in Maryland for more than a decade before he was mistakenly deported to El Salvador earlier this year. That set off a series of contentious court battles that have turned his case into a test of the limits of President Trump’s hard-line immigration policies.

Although Abrego Garcia immigrated to the U.S. illegally around 2011 as a teenager, he has an American wife and child. A 2019 immigration court order barred his deportation to his native El Salvador, finding he had a credible fear of threats from gangs there. He was deported anyway in March — in what a government attorney said was an administrative error — and held in the country’s notorious Terrorism Confinement Center, known as CECOT.

Facing a court order, the Trump administration returned him to the U.S. in June only to charge him with human smuggling based on a 2022 traffic stop in Tennessee. Though that court case is ongoing, ICE now seeks to deport him again. Abrego Garcia, who denies the charges, is requesting asylum in the United States.

He was denied asylum in 2019 because his request came more than a year after he arrived in the U.S., his attorney Simon Sandoval-Mosenberg has said. Since he was deported and has now reentered the U.S., the attorney said, he is now eligible for asylum.

“If Mr. Abrego Garcia is allowed a fair trial in immigration court, there’s no way he’s not going to prevail on his claim,” he said in an emailed statement.

As part of his asylum claim, Abrego Garcia expressed a fear of deportation to Uganda and “nearly two dozen” other countries, according to an ICE court filing in opposition to reopening his asylum case. That Thursday filing also states that if the case is reopened, the 2019 order barring his deportation to El Salvador would become void and the government would pursue his removal to that country.

Loller writes for the Associated Press.

Kilmar Abrego Garcia ’s request for asylum in the United States is a prudent legal strategy, experts say, because it gives his lawyers better options for fighting the Trump administration’s efforts to deport him.

But it’s also a gamble. Depending on how the courts rule, Abrego Garcia could end up back inside the notorious El Salvador prison where he says he was beaten and psychologically tortured.

“It’s a strategic move,” Memphis-based immigration attorney Andrew Rankin said of the asylum request. “And it can certainly backfire. But it’s something I would do as well if I were representing him.”

Abrego Garcia, 30, became a focus of President Trump’s immigration crackdown when he was wrongfully deported to his native country in March. The administration is trying to deport him again.

Here are some things to know about his case:

‘You can’t win every case’

The administration deported Abrego Garcia to El Salvador because U.S. officials said he was an MS-13 gang member. It’s an allegation that Abrego Garcia denies and for which he wasn’t charged.

His removal to El Salvador violated a U.S. immigration judge’s ruling from 2019 that barred his deportation there. The judge found that Abrego Garcia faced credible threats from a local gang that had extorted from and terrorized his family.

Following a U.S. Supreme Court order, the administration returned him to the United States in June. But it was only to face human smuggling charges, which his lawyers have called preposterous and vindictive.

The administration has said it now intends to deport Abrego Garcia to Uganda. Stephen Miller, White House deputy chief of staff and the main architect of Trump’s immigration policies, told reporters Friday that Garcia has “said he doesn’t want to go back to El Salvador.”

Miller said the administration is “honoring that request by providing him with an alternate place to live.”

In an effort to fight back, Abrego Garcia has notified the U.S. government that he fears being sent to Uganda, which has documented human rights abuses. He said he believes he could be persecuted, tortured or sent from there to El Salvador.

But even if he thwarts deportation to Uganda in immigration court, he probably will face attempts to remove him to another country and then another until the administration succeeds, Rankin said.

“By the law of averages, you can’t win every case,” the lawyer said. “The government has sunk its teeth far into what they’re doing with Kilmar and immigration in general, that it wouldn’t make any sense for them to just give up the fight.”

Taking a risk

Asylum, however, could end the fight.

The request would place the focus solely back on his native El Salvador, where Abrego Garcia has previously shown that he has a credible fear of gang persecution.

But he’s taking a risk by reopening his 2019 immigration case, Rankin said. If he loses the bid for asylum, an immigration judge could remove his protection from being returned to his native country.

That could place him back in the infamous Terrorism Confinement Center, or CECO, in El Salvador. It’s where, Abrego Garcia alleges in a lawsuit, he suffered severe beatings, severe sleep deprivation and psychological torture. Salvadoran President Nayib Bukele has denied those allegations.

Abrego Garcia had applied for asylum in 2019. The immigration judge denied his request because it came more than a year after Abrego Garcia had arrived in the U.S. He had fled to Maryland without documentation around 2011.

Abrego Garcia’s lawyers will probably argue that he has the right to request asylum now because he has been in the U.S. for less than a year after being wrongfully deported to El Salvador, Rankin said.

If approved, asylum could provide him with a green card and a path to citizenship.

‘Not going to let this go’

Abrego Garcia’s asylum petition would go through the U.S. immigration court system, which is not part of the judiciary but an arm of the Department of Justice and under the Trump administration’s authority.

That’s where the risk comes in.

Abrego Garcia has a team of lawyers fighting for him, unlike many people who are facing deportation. And a federal judge is monitoring his immigration case.

Abrego Garcia’s attorneys filed a federal lawsuit in Maryland to ensure he can exercise his constitutional rights to fight against deportation in immigration court.

U.S. District Judge Paula Xinis cannot rule on whether he gets asylum or is deported, but she said she will ensure his right to due process. His team says he is entitled to immigration court proceedings and appeals, including to the U.S. Court of Appeals.

“Even if he does manage to win asylum, the government is going to appeal,” Rankin said. “They’re not going to let this go. Why would they after they’ve invested months and months into this one guy?”

Rankin noted that if Abrego Garcia remains within the jurisdiction of the 4th U.S. Circuit Court of Appeals, that court’s laws would govern his asylum claim. He said that court has been generally positive toward asylum claims and likely would give Abrego Garcia a “fair shake.”

Finley writes for the Associated Press. AP writer Luena Rodriguez-Feo Vileira in Washington contributed to this report.

Aug. 27 (UPI) — Kilmar Abrego Garcia, the Salvadoran native who was deported despite a court order barring his removal, cannot be deported again until at least October.

U.S. District Judge Paula Xinis said Wednesday that the Trump administration has been temporarily blocked from deporting Abrego Garcia until his latest challenge against deportation is resolved in court.

Abrego Garcia had been transferred to a detention center in Tennessee, where officials stated he possibly could be deported to Uganda, but he now has a hearing slated for Oct. 6 to challenge that.

Xinis said she’ll issue a ruling within 30 days of that hearing. She also ordered that custody of Abrego Garcia, who is currently being held in a detention center in Virginia, must remain within a 200-mile radius of the court in Maryland.

However, she further said she won’t order that Abrego Garcia be released from immigration custody, which she ruled should be decided by an immigration judge. His attorneys moved on Monday to reopen his immigration case and apply for his asylum.

Abrego Garcia was deported in March by the Trump administration on contentions that he was a member of the criminal MS-13 gang. He was sent to El Salvador’s CECOT prison, even though a 2019 court order was in place to bar deportation back to his native country due to fear of persecution.

He was returned to the United States in June to face allegations that he was transporting undocumented migrants while he lived in Maryland, to which he has pleaded not guilty.

His attorneys also stated his case should be reopened to allow Abrego Garcia to designate deportation to Costa Rica, should he be ruled for removal.

WASHINGTON — Kilmar Abrego Garcia, whose case has come to encapsulate much of President Trump’s hard-line immigration agenda, wants to seek asylum in the United States, his lawyers told a federal judge Wednesday.

Abrego Garcia, 30, was detained Monday by U.S. Customs and Immigration Enforcement in Baltimore after leaving a Tennessee jail on Friday. The Trump administration said it intends to deport him to the African country of Uganda.

Administration officials have said he’s part of the dangerous MS-13 gang, an allegation Abrego Garcia denies.

The Salvadoran national’s lawyers are fighting the deportation efforts in court, arguing he has the right to express fear of persecution and torture in Uganda. Abrego Garcia has also told immigration authorities he would prefer to be sent to Costa Rica if he must be removed from the U.S.

A request for asylum in 2019

A U.S. immigration judge denied his request for asylum in 2019 because he applied more than a year after he had fled to the U.S. He left El Salvador at the age of 16, around 2011, to join his brother, who had become a U.S. citizen and was living in Maryland.

Although he was denied asylum, the immigration judge did issue an order shielding Abrego Garcia from deportation to El Salvador because he faced credible threats of violence from a gang there that had terrorized him and his family. He was granted a form of protection known as “withholding of removal,” which prohibits him from being sent to El Salvador but allows his deportation to another country.

Following the 2019 ruling, Abrego Garcia was released under federal supervision and continued to live with his American wife and children in Maryland. He checked in with ICE each year, received a federal work permit and was working as a sheet metal apprentice earlier this year, his lawyers have said.

But in March, the Trump administration deported Abrego Garcia to a notorious El Salvador prison, alleging he was a member of MS-13.

The allegation stems from a day in 2019 when Abrego Garcia sought work as a day laborer at a Home Depot in Maryland. Authorities had been told by a confidential informant that Abrego Garcia and other men could be identified as members of MS-13 because of their clothing and tattoos. He was detained by police, but Abrego Garcia was never charged — and has repeatedly denied the allegation. He was turned over to ICE and that’s when he applied for asylum for the first time.

Wrongful deportation and return

The Trump administration’s deportation of Abrego Garcia in March violated the immigration judge’s 2019 order barring his removal to El Salvador. Abrego Garcia’s wife sued to bring him back. Facing mounting pressure and a U.S. Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. in June, where he was charged with human smuggling, a federal offense.

Abrego Garcia is accused of taking money to transport people who were in the country illegally. He has pleaded not guilty and asked the judge to dismiss the case, saying it was filed to punish him for challenging his deportation.

The charges stem from a 2022 traffic stop for speeding in Tennessee. There were nine passengers in the SUV and Abrego Garcia had $1,400 in cash on him. While officers discussed among themselves their suspicions of smuggling, he was allowed to drive away with only a warning.

A Homeland Security agent testified that he didn’t begin investigating until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S. The trial is set for January.

A federal judge in Tennessee released Abrego Garcia from jail on Friday after ruling that he was not a flight risk or a danger. The Trump administration moved to deport Abrego Garcia again on Monday, alleging he is a danger.

Abrego Garcia then stated his intent to reopen his immigration case in Maryland and to seek asylum again, his lawyers said Wednesday. Asylum, as defined under U.S. law, provides a green card and a path to citizenship. Abrego Garcia can still challenge his deportation to Uganda, or any other country, on grounds that it is unsafe.

Abrego Garcia’s lawyers say sending him to Uganda would be punishment for successfully fighting his deportation to El Salvador, refusing to plead guilty to the smuggling charges and for seeking release from jail in Tennessee.

Judge keeps Abrego Garcia in the U.S., for now

Abrego Garcia’s attorneys have filed a federal lawsuit to ensure that he can exercise his constitutionally protected right to fight deportation. He is entitled to immigration court proceedings and appeals, his lawyers say.

U.S. District Judge Paula Xinis in Maryland, who is overseeing the lawsuit, has ruled that the U.S. government cannot remove Abrego Garcia from the country as the lawsuit plays out.

Justice Department attorney Drew Ensign said the government disagrees with the court’s order not to remove him while the lawsuit is pending but that it will comply.

Xinis will not rule on whether Abrego Garcia receives asylum or is deported, but will determine whether he can exercise his right to contest deportation. His asylum case will be heard by a U.S. immigration judge, who is employed by the Department of Justice under the authority of the Trump administration.

The nation’s immigration courts have become a key focus of Trump’s hard-line immigration enforcement efforts. The president has fired more than 50 immigration judges since he returned to the White House in January.

Abrego Garcia’s lawyers have said he’ll be able to appeal immigration court rulings to the U.S. Court of Appeals.

Kunzelman and Finley write for the Associated Press. Finley reported from Norfolk, Va. AP writer Elliot Spagat contributed to this report.

Kilmar Abrego Garcia, who was wrongly deported to a notorious El Salvador prison in March due to an “admin error”, has been detained by US immigration authorities again and now faces another potential and immediate deportation by the Trump administration.

Aug. 23 (UPI) — A day after his release from custody, Kilmar Abrego Garcia faces the possibility of being deported to Uganda, lawyers for the El Salvadoran national said in a court filing Saturday.

Abrego Garcia’s lawyers claim the federal government is pushing their client to accept a guilty plea in relation to human trafficking charges in Tennessee, or face deportation to the African nation. He was born in El Salvador, immigrated to the United States as a teenager around 2011 and violated a 2019 court order that protected him from deportation.

On Friday, a federal magistrate judge released Abrego Garcia from custody while he awaits trial for the Tennessee incident.

He was then immediately ordered to report to U.S. Immigration and Customs Enforcement agents in Baltimore.

The judge ordered the federal government to give the 30-year-old at least 72 hours notice before undertaking deportation proceedings to give his lawyers a chance to file a legal challenge.

“Despite having requested and received assurances from the government of Costa Rica that Mr. Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr. Abrego’s counsel that the government intended to deport Mr. Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday,” lawyers said in their court filing.

“There can be only one interpretation of these events: the DOJ, DHS, and ICE are using their collective powers to force Mr. Abrego to choose between a guilty plea followed by relative safety, or rendition to Uganda, where his safety and liberty would be under threat.”

Abrego Garcia was initially deported to El Salvador this past March after federal officials accused him of being a member of the MS-13 gang and illegally entered the United States in 2011.

The move came amid President Donald Trump‘s crackdown on illegal immigration across the country.

The Trump administration later admitted Abrego Garcia’s deportation was due to an administrative error.

He was later returned to the United States after his case became national news, leading people to advocate for his repatriation, including Sen. Chris Van Hollen Jr., D-Md. Abrego Garcia lives in Baltimore with his wife and children.

He has been held in custody since returning to the United States in relation to the 2022 human trafficking charges in Tennessee.

Federal officials have promised to deport him to Costa Rica in exchange for a guilty plea, but have said that offer will be rescinded shortly if Abrego Garcia doesn’t make a deal.

Immigration officials in the United States say they intend to deport Kilmar Abrego Garcia to Uganda, according to a court filing, in what the man’s legal team describes as an act of “vindictiveness” by US President Donald Trump’s administration.

The court filing on Saturday said the idea of sending Abrego Garcia to Uganda came after he declined an offer to be deported to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges.

He has pleaded not guilty and asked the judge to dismiss the case, claiming that it is an attempt to punish him for challenging his deportation from the US to El Salvador earlier this year.

Abrego Garcia’s case has become a flashpoint in Trump’s hardline, anti-immigration agenda after the Salvadoran national was mistakenly deported in March.

Facing a court order, the Trump administration brought him back to the US in June, only to detain him on human smuggling charges.

The Costa Rica offer came late on Thursday, after it was clear that Abrego Garcia would likely be released from a Tennessee jail the following day.

Abrego Garcia declined to extend his stay in jail and was released on Friday to await trial in Maryland with his family.

Later that day, the US Department of Homeland Security notified his lawyers that he would be deported to Uganda and should report to immigration authorities on Monday.

“The government immediately responded to Mr Abrego’s release with outrage,” Saturday’s filing by Abrego Garcia’s lawyers reads.

“Despite having requested and received assurances from the government of Costa Rica that Mr Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr Abrego’s counsel that the government intended to deport Mr Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday morning.”

The filing also accuses US officials of “using their collective powers to force Mr Abrego to choose between a guilty plea followed by relative safety, or rendition to Uganda, where his safety and liberty would be under threat”.

“It is difficult to imagine a path the government could have taken that would have better emphasized its vindictiveness,” it says.

Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his lawyers, who feared the Trump administration could try to immediately deport him again if he were freed.

Those fears were somewhat allayed by a recent ruling in a separate case in Maryland, which requires immigration officials to allow Abrego Garcia time to mount a defence.

But Al Jazeera’s Rosiland Jordan, reporting from Washington, DC, on Saturday evening, said the latest developments have raised new fears that Abrego Garcia will be quickly deported once he reports to ICE officials on Monday.

“He and his lawyers argue there’s a very real fear that the US will once again ignore a judge’s order to basically leave him alone and put him on a plane and take him to another country – in this case, Uganda,” she said.

Questions on due process

Abrego Garcia had been living in the US under protected legal status since 2019, when a judge ruled he should not be deported because he could be harmed in his home country.

He then became one of more than 200 people sent to El Salvador’s CECOT mega-prison as part of Trump’s crackdown on migrants and asylum seekers in the US.

But Department of Justice lawyers admitted that the Salvadoran citizen had been wrongly deported due to an “administrative error”.

Abrego Garcia – who denies any wrongdoing – now stands accused of involvement in smuggling undocumented migrants from Guatemala, El Salvador, Honduras and other countries into the US between 2016 and earlier this year.

His trial in his human smuggling case is set to begin in January 2027.

Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said in a social media post on Saturday that “no matter what you think about Mr Abrego Garcia, if you believe in due process, you should be infuriated” by the effort to send him to Uganda.

“The Trump admin is threatening to dump him in Africa as punishment for not pleading guilty to criminal charges they brought to avoid complying with a court order,” Reichlin-Melnick wrote on X.

The Trump administration has defended its policies, saying the US president was elected on a promise to carry out the “largest deportation operation” in the country’s history.

But Washington’s push to deport people has drawn widespread criticism, with removals to third countries, in particular, fuelling fears that those being sent abroad could face human rights abuses and other dangers.

Last month, the Trump administration sent eight men to South Sudan, a country gripped by political instability and violence.

Kilmar Abrego Garcia, who’s at the center of an ongoing immigration feud with the Trump administration, faces the possibility of deportation to Uganda, just a day after being released from a Tennessee jail.

Court documents Saturday showed President Trump’s administration plans to deport Abrego Garcia to Uganda after he turned down an offer to be sent to Costa Rica if he pleaded guilty to human smuggling charges.

His case has attracted attention amid Trump’s immigration crackdown when he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on human smuggling charges, which the Maryland resident denies.

Simon Sandoval-Moshenberg, Abrego Garcia’s lead attorney in his lawsuit against the Trump administration, said in a statement Saturday that the government is trying to use the immigration system to punish his client by “attempting to send him halfway across the world, to a country with documented human rights abuses and where he does not even speak the language.”

Abrego Garcia’s attorney’s court filings show the administration requested he appear at an immigration facility in Baltimore on Monday and could be deported again.

In a statement Friday at his release, Abrego Garcia said he saw his family for the first time in more than five months.

“We are steps closer to justice, but justice has not been fully served,” he added.

Homeland Security Secretary Kristi Noem denounced the decision to free Abrego Garcia, stating that the administration will not stop fighting until he’s out of the U.S.

The Trump administration casts him as an MS-13 gang member and immigrant smuggler.

Abrego Garcia and his attorneys reject those claims. They portray him as a family man and construction worker who was arbitrarily deported and vindictively charged.

As his story takes yet another turn, here’s what to know:

The Costa Rica-Uganda offer

The Costa Rica offer came late Thursday and included a requirement that he remain in jail, according to a brief filed in Tennessee, where the criminal case was brought. After Abrego Garcia left jail Friday, Immigration and Customs Enforcement told his attorneys he would be deported to Uganda and should report to immigration authorities Monday.

Later Friday, the government told Abrego Garcia he has until first thing Monday to accept a plea in exchange for deportation to Costa Rica, or else that offer will be off the table, his defense attorneys wrote.

They declined to say whether he is still considering the offer.

Filed along with the court brief was a letter from the Costa Rican government stating that Abrego Garcia would be welcomed to that country as a legal immigrant and wouldn’t face the possibility of detention.

Justice Department spokesperson Chad Gilmartin responded to the brief with a statement saying, “A federal grand jury has charged Abrego Garcia with serious federal crimes … underscoring the clear danger this defendant presents to the community. This defendant can plead guilty and accept responsibility or stand trial before a jury. Either way, we will hold Abrego Garcia accountable and protect the American people.”

The Department of Homeland Security notified his attorneys that he should report to immigration authorities on Monday in Baltimore to face deportation.

Uganda has agreed to a deal to accept certain migrants being deported from the United States.

‘Well-founded fear’ of returning to El Salvador

Abrego Garcia, 30, grew up in El Salvador and fled at 16 because a local gang extorted from and terrorized his family, court records state. He traveled to Maryland, where his brother lives as a U.S. citizen, but was not authorized to stay.

Abrego Garcia found work in construction and met his future wife, Jennifer Vasquez Sura. In 2018, he moved in with her and her two children after she became pregnant with their child.

In March 2019, Abrego Garcia went to a Home Depot seeking work as a laborer when he was detained by local police, court records state. He was suspected of being in MS-13, based on tattoos and clothing.

A criminal informant told police Abrego Garcia was in MS-13, court records state, but police did not charge him and turned him over to ICE.

A U.S. immigration judge denied Abrego Garcia’s subsequent asylum claim because more than a year had passed since his arrival. But the judge granted him protection from being deported to El Salvador, determining he had a “well-founded fear” of gang persecution there, court records state.

Abrego Garcia was released and placed under federal supervision. He received a federal work permit and checked in with ICE each year, his lawyers said.

‘Audacity to fight back’

In February, the Trump administration designated MS-13 a foreign terrorist organization. In March, it deported Abrego Garcia to a prison in El Salvador, violating the U.S. immigration judge’s 2019 order.

Abrego Garcia later claimed in court documents that he was beaten and psychologically tortured while held at the Terrorism Confinement Center, known as CECOT. Salvadoran President Nayib Bukele denied the allegations.

The Trump administration described its violation of the immigration judge’s 2019 order as an administrative error. Trump and other officials reiterated claims that Abrego Garcia was in MS-13.

Vasquez Sura filed a lawsuit to bring her husband back. The Trump administration returned Abrego Garcia to the U.S. in June after a Supreme Court order. But it brought human smuggling charges against him.

The smuggling case stems from a 2022 traffic stop for speeding, during which Abrego Garcia was driving with nine passengers. Tennessee police suspected human smuggling, but allowed him to drive on and didn’t charge him.

Abrego Garcia pleaded not guilty.

His lawyers filed a motion to dismiss the case based on “vindictive and selective prosecution.”

Deportation fears realized

U.S. Magistrate Barbara Holmes in Nashville ruled in June that Abrego Garcia has a right to be released from jail while he awaits trial.

But Abrego Garcia remained in a Tennessee jail at his attorneys’ request for about 11 weeks over fears that ICE would immediately try to deport him.

Thomas Giles, an assistant director for ICE, testified in July that Abrego Garcia would be detained as soon as he’s freed.

U.S. officials argued Abrego Garcia can be deported because he came to the U.S. illegally and because an immigration judge deemed him eligible for expulsion in 2019, just not to his native El Salvador.

Judge provides some protections

In response to concerns Abrego Garcia would be deported without due process, U.S. District Judge Paula Xinis prohibited ICE from immediately detaining him upon release in Tennessee.

Xinis, overseeing the lawsuit in Maryland, ordered restrictions on ICE in late July. She required any removal proceedings begin in Baltimore.

Xinis also ordered that ICE provide three business days’ notice if it intends to initiate removal proceedings.

The Trump administration has “done little to assure the Court that, absent intervention, Abrego Garcia’s due process rights will be protected,” Xinis wrote.

Electronic monitoring and home detention

Soon after Xinis’ order, Abrego Garcia’s attorneys asked the federal judge in Tennessee to release him.

Holmes, the U.S. magistrate in Nashville, released him Friday, requiring Abrego Garcia to stay with his brother in Maryland and be subjected to electronic monitoring and home detention.

Finley and Catalini write for the Associated Press. AP writer Travis Loller in Nashville contributed to this report.

NASHVILLE — U.S. immigration officials said they intend to deport Kilmar Abrego Garcia to Uganda, after he declined an offer to be deported to Costa Rica in exchange for remaining in jail and pleading guilty to human smuggling charges, according to a Saturday court filing.

The Costa Rica offer came late Thursday, after it was clear that the Salvadoran national would probably be released from a Tennessee jail the next day. Abrego Garcia declined to extend his stay in jail and was released Friday to await trial in Maryland with his family. Later that day, the Department of Homeland Security notified his attorneys that he would be deported to Uganda and should report to immigration authorities Monday.

Abrego Garcia’s case became a high-profile story in President Trump’s immigration crackdown after he was mistakenly deported to El Salvador in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on human smuggling charges.

He has pleaded not guilty and has asked the judge to dismiss the case, claiming that it is an attempt to punish him for challenging his deportation to El Salvador. The Saturday filing came as a supplement to that motion to dismiss, stating that the threat to deport him to Uganda is more proof that the prosecution is vindictive.

“The government immediately responded to Mr. Abrego’s release with outrage,” the filing reads. “Despite having requested and received assurances from the government of Costa Rica that Mr. Abrego would be accepted there, within minutes of his release from pretrial custody, an ICE representative informed Mr. Abrego’s counsel that the government intended to deport Mr. Abrego to Uganda and ordered him to report to ICE’s Baltimore Field Office Monday morning.”

Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case in Maryland, which requires immigration officials to allow Abrego Garcia time to mount a defense.

Loller writes for the Associated Press.

NASHVILLE, Tenn. — Kilmar Abrego Garcia was released from jail in Tennessee on Friday so he can rejoin his family in Maryland while awaiting trial on human smuggling charges.

The Salvadoran national’s case became a flashpoint in President Trump’s immigration agenda after he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on criminal charges.

Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case, which requires immigration officials to allow Abrego Garcia time to mount a challenge to any deportation order.

On Friday, after two months, Abrego Garcia walked out of the Putnam County jail wearing a short-sleeved white button-down shirt and black pants and accompanied by defense attorney Rascoe Dean and two other men. They did not speak to reporters but got into a white SUV and sped off.

The release order from the court requires Abrego Garcia to travel directly to Maryland, where he will be in home detention with his brother designated as his third-party custodian. He is required to submit to electronic monitoring and can only leave the home for work, religious services and other approved activities.

An attorney for Abrego Garcia in his immigration case in Maryland, Simon Sandoval-Moshenberg, said in a statement Friday his client had been “reunited with his loving family” for the first time since he was wrongfully deported to a notorious El Salvador prison in March.

“While his release brings some relief, we all know that he is far from safe,” Sandoval-Moshenberg said. “ICE detention or deportation to an unknown third country still threaten to tear his family apart. A measure of justice has been done, but the government must stop pursuing actions that would once again separate this family.”

Earlier this week, Abrego Garcia’s criminal attorneys filed a motion asking the judge to dismiss the criminal case, claiming he is being prosecuted to punish him for challenging his removal to El Salvador.

Abrego Garcia has pleaded not guilty to the smuggling charges, which stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was allowed to continue driving with only a warning.

A Department of Homeland Security agent testified he did not begin investigating the traffic stop until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S.

Abrego Garcia has an American wife and children and has lived in Maryland for years, but he immigrated to the U.S. illegally. In 2019, an immigration judge denied his application for asylum but granted him protection from being deported back to El Salvador, where he faces a “well-founded fear” of violence, according to court filings. He was required to check in yearly with Immigration and Customs Enforcement while Homeland Security issued him a work permit.

Although Abrego Garcia can’t be deported to El Salvador without violating the judge’s order, Homeland Security officials have said they plan to deport him to an unnamed third country.

Loller and Hall write for the Associated Press.

Aug. 22 (UPI) — A federal magistrate judge released El Salvadoran Kilmar Abrego Garcia from custody Friday while he awaits trial for alleged human trafficking in Tennessee.

U.S. District Court of Middle Tennessee Magistrate Judge Barbara Holmes ordered that Garcia would not have to remain in custody while awaiting to face federal criminal charge in June, He had bee returned from El Salvador after being deported there by mistake, the government said.

Garcia “is presently en route to his family in Maryland after being unlawfully arrested and deported and then imprisoned,” said Garcia’s attorney, Sean Hecker, as reported by The Guardian.

Hecker accused the Trump administration of engaging in a “vindictive attack on a man who had the courage to fight back against the administration’s continuing assault on the rule of law.”

Garcia, 30, was heading home to rejoin his wife and two children.

He is charged with federal crimes related to alleged human trafficking, which led to his return to the United States in June after the Justice Department pressed charges against him in Tennessee.

Federal prosecutors sought to keep Garcia in custody while awaiting his federal trial in Nashville.

U.S. District Judge Waverly Crenshaw Jr. last month ruled the government did not show he is a danger to U.S. citizens or a flight risk.

“The government’s general statements about the crimes brought against Abrego, and the evidence it has in support of those crimes, do not prove Abrego’s dangerousness,” Crenshaw, an Obama appointee, said in a 37-page ruling.

His attorneys asked the court to keep Garcia in custody for 30 days after Trump administration officials said they would deport him again if he were released from custody. Holmes approved the request to prevent Garcia’s likely deportation.

A federal judge in Maryland has ordered Garcia to remain in the United States while awaiting trial, which might have negated his potential deportation.

Garcia was arrested and deported to El Salvador in March after prior court proceedings concluded that he likely is a member of the MS-13 gang and illegally entered the United States in 2011.

A federal immigration judge denied Garcia’s asylum claim in 2019, but ruled he could not be deported to El Salvador, where he has said he fears persecution from a rival 18th Street Gang, which is active in the United States.

The Trump administration in January designated MS-13 and the 18th Street Gang as foreign terrorist organizations that pose a threat to the United States.

The Trump administration acknowledged Garcia was to be deported, but said an administrative error placed him on the deportation flight to El Salvador.

The El Salvadoran government placed Garcia in its Terrorism Confinement Center prison, commonly called CECOT, amid a crackdown on gangs in that country.

His lawyers claim he was psychologically and physically tortured while in the CECOT prison.

Sen. Chris Van Hollen Jr., D-Md., visited Garcia in El Salvador in a failed attempt to return him to the United States.

A subsequent Tennessee State Police video showed a November 2022 traffic stop near Nashville in which Garcia was pulled over for speeding and did not have a valid license.

Garcia had multiple passengers who were not U.S. citizens, which raised concerns of human trafficking and related violations.

Abrego Garcia will return to family as he awaits trial over alleged human smuggling brought by Trump administration.

Kilmar Abrego Garcia, who was wrongfully deported by the administration of United States President Donald Trump, has been released from a jail in Tennessee.

Abrego Garcia was released on Friday and will rejoin his family in Maryland while he awaits the beginning of a trial based on allegations of human smuggling by the Trump administration, according to his lawyer.

The detention of Abrego Garcia, who remained held in an El Salvador prison known for abusive conditions even after the government admitted he had been mistakenly deported, became a flashpoint in the Trump administration’s push for mass deportations with little semblance of due process.

The government, faced with a court order, brought Abrego Garcia back to the US in June, despite previously claiming it had no authority to do so. Upon his return, the Trump administration announced criminal charges against him for alleged human smuggling.

Abrego Garcia, whom the Trump administration previously tried to link to the criminal group MS-13 through disproven claims, has denied the charges. His lawyers have depicted the criminal charges as a form of punishment for speaking out against his wrongful deportation and embarrassing the administration.

While he was previously cleared for pre-trial release from the Tennessee jail, his lawyers requested that he be allowed to remain there out of concern that the government would move to deport him again if he was released.

Those fears have slightly eased after a recent, separate court ruling that said the government must allow Abrego Garcia to challenge a deportation order. His lawyers filed a motion for dismissal of the criminal case, arguing that it is a form of retaliation from the government.

An immigration judge rejected Abrego Garcia’s application for asylum in 2019, but ruled that he could not be deported to El Salvador due to a “well-founded fear” of violence in that country.

The Trump administration has said that it will instead seek to deport Abrego Garcia to a third country.

Aug. 20 (UPI) — Defense attorneys for Kilmar Armando Abrego Garcia, who the Trump administration wrongly deported to El Salvador this spring and then brought human trafficking charges against him once he returned to the United States, are accusing the Justice Department of vindictively prosecuting their client.

In a motion filed Tuesday, Abrego Garcia’s defense is asking the court to dismiss the charges brought against the 30-year-old Salvadoran national is punishment for him standing up to the Trump administration.

“Kilmar Abrego Garcia has been singled out by the United States government. It is obvious why. And it is not because of the seriousness of his alleged conduct. Nor is it because he poses some unique threat to this country. Instead, Mr. Abrego was charged because he refused to acquiesce in the government’s violation of his due process rights,” Abrego Garcia’s lawyers said in the motion.

Abrego Garcia, a resident of Maryland who is married to a U.S. citizen, was arrested amid the Trump administration’s crackdown on immigration as part of its mass deportation plans. Despite a court order prohibiting his removal, he was deported to El Salvador in March and incarcerated in the notorious Terrorism Confinement Center, where he said he was subjected to torture.

Abrego Garcia then challenged his removal in court, prompting the Trump administration to try and label him a gang member in public, while admitting in court it wrongly deported the immigrant.

He was returned to the United States in June, but only after he was charged with human smuggling by the Justice Department.

In the filing, his lawyers accused the Trump administration of conducting “a public campaign to punish Mr. Abrego for daring to fight back, culminating in the criminal investigation that led to the charges in this case.”

His lawyers point to comments from senior Trump administration officials, as well as President Donald Trump, calling him a criminal following his win in court that secured his return to the United States but before he was charged as proof of the White House’s vindictiveness.

“The government’s motive has been to paint Mr. Abrego as a criminal in order to punish him for challenging his removal, to avoid the embarrassment of accepting responsibility for its unlawful conduct and to shift public opinion around Mr. Abrego’s removal, including ‘mounting concerns’ with the government’s compliance with court orders,” they said in the filing.

The Justice Department’s case against Abrego Garcia stems from a November 2022 traffic stop in Putnam County, Tenn. Nine passengers were in the vehicle with him when stopped, but he was allowed to continue on his way, not even receiving a traffic ticket.

The government alleges he was the driver in a human smuggling conspiracy, and his defense argues that the Trump administration “has gone to extreme lengths” to make its criminal case.

His lawyers in the filing state that they have tried to secure the cooperation of multiple alleged conspirators who have already been sentenced to testify against Abrego Garcia, with its so-called star witness being a convicted leader of a human smuggling business with three felony convictions and who has been deported from the United States five times.

According to the filing, the Justice Department arranged for this alleged co-conspirator to be released early from a 30-month sentence to a halfway house to cooperate against Abrego Garcia, while relatives or those in relationship with this person also appear to be provided with “similar benefits” for providing corroborating testimony.

In the filing Tuesday, Abrego Garcia’s lawyers argue that nothing had changed in the three years since the traffic stop, except for the government wrongly deporting him to El Salvador and that he challenged his deportation.

“As a matter of timing, it is clear that it was that lawsuit — and its effects on the government — that prompted the government to re-evaluate the 2022 traffic stop and bring this case,” the filing states.

“[N]o similarly situated defendant — an alleged driver in an alien smuggling conspiracy — has ever had to wait two and a half years to be charged with a crime where the facts had not changed since the stop itself.”

His defense alleges that the only explanation for the timing of the charges is that the government has chosen to punish him for fighting his deportation.

Abrego Garcia has pleaded not guilty.

GREENBELT, Md. — A federal judge in Maryland has prohibited the Trump administration from taking Kilmar Abrego Garcia into immediate immigration custody if he’s released from jail in Tennessee while awaiting trial on human smuggling charges, according to an order issued Wednesday.

U.S. District Judge Paula Xinis ordered the U.S. government to provide three business days’ notice if Immigration and Customs Enforcement intends to initiate deportation proceedings against the Maryland construction worker.

The judge also ordered the government to restore the federal supervision that Abrego Garcia was under before he was wrongfully deported to his native El Salvador in March. That supervision had allowed Abrego Garcia to live and work in Maryland for years, while he periodically checked in with ICE.

Abrego Garcia became a prominent face in the debate over President Trump’s immigration policies after his wrongful explusion to El Salvador in March. Trump’s administration violated a U.S. immigration judge’s order in 2019 that shields Abrego Garcia from deportation to El Salvador because he probably faces threats of gang violence there.

The smuggling case stems from a 2022 traffic stop for speeding, during which Abrego Garcia was driving a vehicle with nine passengers. Police in Tennessee suspected human smuggling, but he was allowed to drive on.

U.S. officials have said they’ll try to deport Abrego Garcia to a country that isn’t El Salvador, such as Mexico or South Sudan, before his trial starts in January because they allege he’s a danger to the community.

A federal judge in Tennessee has been considering whether to release Abrego Garcia to await trial, prompting fears from his attorneys that he would be quickly expelled by ICE.

In an effort to prevent his deportation, Abrego Garcia’s attorneys asked the judge in Maryland to order the U.S. government to send him to that state to await his trial. Short of that, they asked for at least 72 hours’ notice if ICE planned to deport Abrego Garcia.

Abrego Garcia’s American wife, Jennifer Vasquez Sura, is suing the Trump administration in Xinis’ Maryland court over his wrongful deportation in March and is trying to prevent another expulsion.

U.S. officials have argued that Abrego Garcia can be deported because he came to the U.S. illegally around 2011 and because a U.S. immigration judge deemed him eligible for expulsion in 2019, although not to his native El Salvador.

Following the immigration judge’s decision in 2019, Abrego Garcia was released under federal supervision, received a federal work permit and checked in with ICE each year, his attorneys have said.

The Trump administration recently stated in court documents that they revoked Abrego Garcia’s supervised release when they deemed him to be in the MS-13 gang and deported him in March.

Finley writes for the Associated Press.

A United States judge has blocked immigration authorities from immediately detaining and deporting Kilmar Abrego Garcia upon his release from jail.

The decision was part of a one-two punch on Wednesday, as two courts weighed in on the Maryland father’s fate.

Abrego Garcia was catapulted into the national spotlight in March after the administration of President Donald Trump wrongfully deported him to his native El Salvador, despite a court order protecting him from removal.

His case became emblematic of the early days of Trump’s mass deportation drive, with critics accusing the president of taking a slapdash approach that violated the due process of the law.

In recent weeks, Abrego Garcia has been held in a Tennessee prison, as the Trump administration pursues criminal charges against him.

But in one of Wednesday’s twin rulings, US District Judge Waverly Crenshaw in Nashville upheld the finding that Abrego Garcia could be released from jail, rejecting Trump administration claims that he might be a danger or a flight risk.

Crenshaw also expressed doubt about the Trump administration’s claims that Abrego Garcia is a member of the gang MS-13, citing a lack of evidence.

His decision allows Abrego Garcia to potentially be released from detention as he awaits a January trial on human smuggling charges. Still, his release has been once again delayed for a period of 30 days, at the request of Abrego Garcia’s lawyers, who fear he could be deported.

Simultaneously on Wednesday, a second court hearing was unfolding in Maryland under US District Judge Paula Xinis.

She has been hearing arguments about Abrego Garcia’s wrongful deportation to El Salvador, as part of a lawsuit filed by his wife, Jennifer Vasquez Sura.

Given that Trump officials have signalled they plan to deport Abrego Garcia if he is released, Xinis issued a ruling requiring that immigration officials to give him notice of three business days if they initiate removal proceedings.

The Trump administration, Xinis wrote, has “done little to assure the court that, absent intervention, Abrego Garcia’s due process rights will be protected”.

Xinis also ordered the government to restore the legal status that Abrego Garcia had previously been under, which allowed him to live and work in Maryland.

Abrego Garcia was deported to El Salvador in March, in violation of an immigration judge’s 2019 order barring him from being sent back to his home country.

His lawyers have maintained that Abrego Garcia fled El Salvador as a teenager to avoid gang threats.

The government acknowledged that Abrego Garcia’s removal to El Salvador had been the result of an “administrative error”.

Judge Xinis — and later the US Supreme Court — ultimately ruled that the Trump administration had a responsibility to “facilitate” his return to the US.

But the Trump administration doubled down, arguing that Abrego Garcia’s removal was lawful and painting him as a member of MS-13.

Trump even posted a picture of himself to social media holding a photo of Abrego Garcia’s knuckles, with the letters and numbers for “MS-13” digitally superimposed on each finger, next to real tattoos of a smiley face and marijuana leaf.

“He’s got MS-13 tattooed onto his knuckles,” Trump wrote, falsely, on April 18.

Judge Xinis had threatened to find the Trump administration in contempt of court for failing to adequately facilitate Abrego Garcia’s release, or provide meaningful updates. Officials had argued that they had little power to bring him back, given that he was held in El Salvador.

But in early June, the Trump administration abruptly announced Abrego Garcia’s return to the US. At the same time, the Justice Department revealed it had obtained an indictment to criminally charge Abrego Garcia.

At the centre of the government’s case is a video from a November 2022 traffic stop, showing Abrego Garcia driving a Chevrolet Suburban SUV with three rows of seats. A police officer heard in the footage speculates that the nine passengers could be involved in human smuggling, but no charges were brought at that time.

His lawyers have dismissed the government’s case as “preposterous”.

Still, before Xinis’s ruling, the lawyers had requested Abrego Garcia remain in custody as he awaits trial, for fear that he might be immediately deported if released.

While Abrego Garcia cannot be sent to El Salvador again, the Trump administration has maintained he can be legally deported to a third country, even one where he has no personal ties.

Last month, the US Supreme Court ruled that the Trump administration could, at least in the short term, continue to deport individuals to such third-party countries while legal challenges proceed against the practice.

Some of those third-party countries have included South Sudan and Eswatini, formerly known as Swaziland, both of which have faced accusations of human rights abuses in their prisons.

A spokeswoman for the Department of Homeland Security took to the social media platform X on Wednesday to criticise Xinis’s latest ruling.

“The fact this unhinged judge is trying to tell ICE [Immigration and Customs Enforcement] they can’t arrest an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE,” spokesperson Tricia McLaughlin wrote, reiterating unproven claims.

Abrego Garcia’s lawyers, however, applauded Wednesday’s court decisions.

“These rulings are a powerful rebuke of the government’s lawless conduct and a critical safeguard for Kilmar’s due process rights,” lawyer Simon Sandoval-Moshenberg said in a statement.

Lawyers for Kilmar Abrego Garcia have asked a federal judge in Tennessee to delay releasing him from jail in order to prevent the Trump administration from trying to swiftly deport the Maryland construction worker.

U.S. District Judge Waverly Crenshaw Jr. in Nashville is expected to rule soon on whether to free Abrego Garcia while he awaits trial on human smuggling charges. If the Salvadoran national is released, U.S. officials have said he would be immediately detained by immigration authorities and targeted for deportation.

Abrego Garcia became a prominent face in the debate over President Trump’s immigration policies when he was wrongfully deported to his native El Salvador in March. That expulsion violated a U.S. immigration judge’s order in 2019 that shields Abrego Garcia from deportation to El Salvador because he likely faces threats of gang violence there.

The administration claimed that Abrego Garcia was in the MS-13 gang, although he wasn’t charged and has repeatedly denied the allegation. Facing mounting pressure and a U.S. Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. last month to face the smuggling charges, which his attorneys have called “preposterous.”

The smuggling case stems from a 2022 traffic stop for speeding, during Abrego Garcia was driving a vehicle with nine passengers. Police in Tennessee suspected human smuggling, but he was allowed to drive on.

U.S. officials have said they’ll try to deport Abrego Garcia to a country that isn’t El Salvador, such as Mexico or South Sudan, before his trial starts in January because they allege he’s a danger to the community.

U.S. Magistrate Judge Barbara Holmes in Nashville ruled a month ago that Abrego Garcia is eligible for release after she determined he’s not a flight risk or a danger. Abrego Garcia’s attorneys asked her to keep him in jail over deportation concerns.

Holmes’ ruling is being reviewed by Crenshaw after federal prosecutors filed a motion to revoke her release order.

Abrego Garcia’s attorneys initially argued for his release but changed their strategy because of the government’s plans to deport him if he is set free. With Crenshaw’s decision imminent, Abrego Garcia’s attorneys filed a motion Sunday night for a 30-day stay of any release order. The request would allow Abrego Garcia to “evaluate his options and determine whether additional relief is necessary.”

Earlier this month, U.S. officials detailed their plans to try to expel Abrego Garcia in a federal court in Maryland. That’s where Abrego Garcia’s American wife, Jennifer Vasquez Sura, is suing the Trump administration over his wrongful deportation in March and is trying to prevent another expulsion.

U.S. officials have argued that Abrego Garcia can be deported because he came to the U.S. illegally around 2011 and because a U.S. immigration judge deemed him eligible for expulsion in 2019, although not to his native El Salvador.

Following the immigration judge’s decision in 2019, Abrego Garcia was released under federal supervision, received a federal work permit and checked in with ICE each year, his attorneys have said. But U.S. officials recently stated in court documents that they revoked Abrego Garcia’s supervised release.

Abrego Garcia’s attorneys in Maryland have asked U.S. District Judge Paula Xinis to order the federal government to send Abrego Garcia to that state to await his trial, a bid that seeks to prevent deportation.

His lawyers also asked Xinis to issue at least a 72-hour hold that would prevent immediate deportation if he’s released from jail in Tennessee. Xinis has not ruled on either request.

Finley writes for the Associated Press.