Judge scolds Justice Department for ‘refusal’ to detail deportation plans for Kilmar Abrego Garcia

By LEA SKENE and BEN FINLEY Associated Press GREENBELT Md AP A federal judge in Maryland scolded the Trump administration on Friday for its utter refusal to detail its deportation plans for Kilmar Abrego Garcia including where the authorities plans to send him and whether he ll get a chance to fight his expulsion before he s whisked away The Salvadoran national could be issued from a Tennessee jail as soon as next Wednesday to await trial on human smuggling charges U S immigration representatives have announced they would this instant detain him and begin deportation proceedings I m deeply concerned that if there s not specific restraint on you Mr Abrego will be on another plane to another country U S District Judge Paula Xinis narrated Justice Department lawyers on Friday Supporters of Kilmar Abrego Garcia rally outside of the U S District Court in Greenbelt Md where a hearing was scheduled to be held on returning him to Maryland Monday July AP Photo Mark Schiefelbein Abrego Garcia became a flashpoint over Republican President Donald 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 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- 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 administration argues now that Abrego Garcia is a danger to the locality and can be deported before his trial to a country other than El Salvador Abrego Garcia s attorneys have required Xinis to order the leadership to send him to Maryland if he s disclosed in Tennessee a request that aims to prevent his expulsion before trial Simon Sandoval-Moshenberg an attorney for Kilmar Abrego Garcia speaks to reporters after a hearing at the U S District Court in Greenbelt Md Monday July AP Photo Mark Schiefelbein In court on Friday Abrego Garcia s attorneys inquired for at least a -hour hold that would prevent immediate deportation Attorney Andrew Rossman called it the critical bottom-line protection needed to prevent a potentially egregious violation of due process rights Xinis didn t rule from the bench Friday but stated she ll issue an order before a federal judge in Tennessee holds a hearing on Wednesday to discuss Abrego Garcia s release The smuggling development stems from a traffic stop for speeding during Abrego Garcia was driving a automobile with nine passengers without any luggage Police in Tennessee suspected human smuggling but he was allowed to drive on This courtroom sketch depicts from left Kilmar Abrego Garcia s wife Jennifer Vasquez Sura Kilmar Abrego Garcia and Cesar Abrego Garcia Kilmar Abrego Garcia s brother in court during Garcia s detention hearing on Wednesday June in Nashville Tenn Diego Fishburn via AP Abrego Garcia lived and worked in Maryland for more than a decade working construction and raising a family His American wife is suing the administration over his wrongful deportation in Xinis s court in Maryland Given the history of the event Xinis raised concerns on Friday that the executive will take action without properly informing Abrego Garcia and his attorneys until it s too late The point is the utter refusal of your clients to engage in any conversation about what s going to happen on Wednesday despite the extraordinary facts of this affair Xinis advised Justice Department attorneys Thomas Giles an assistant director for U S Immigrations and Customs Enforcement testified previously that Mexico or South Sudan may be willing to accept Abrego Garcia But he announced the Trump administration hasn t decided on anything yet Xinis on Friday criticized Giles testimony describing it as garden variety information that lacked specifics She also expressed concern that Abrego Garcia could be deported to a nation that would just send him back to his native country Sarmad Khojasteh a Justice Department attorney declined to discuss in detail what could happen But he commented one possibility is the initiation of deportation proceedings to a third country Another is revisiting the immigration judge s order that shielded Abrego Garcia from deportation to El Salvador Related Articles Think Democrats and Republicans can t work together On eviction records they do Son of El Chapo pleads guilty in US drug trafficking development Joro spiders attack and eat each other sometimes Nonsexual cannibalism Here are specific things you can do to be better prepared for major flooding Randy Moss doing great in cancer recovery as his restaurant partners with Dolphins When Abrego Garcia was mistakenly deported he was first held in a notorious megaprison Abrego Garcia s lawyers of late alleged in court documents that he was beaten and subjected to psychological torture El Salvador President Nayib Bukele denied the statements Regarding deportation to a third country Khojasteh stated the judge that people are first described what country they re being sent to then allowed to express fear of going there If the fear is deemed credible the person gets a hearing before an immigration judge Khojasteh declined to discuss what happens after that calling the line of questioning like six layers deep in speculation These things haven t happened yet he revealed The argument s not ripe He revealed Abrego Garcia would be treated like any other immigrant under the circumstances But Xinis sharply rejected that notion She declared the scenario has already received so much attention that she can t imagine it will be subject to a routine decision-making process among immigration agents