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Kilmar Abrego Garcia will be deported — but not to his native El Salvador, prosecutor tells judge

Suspected MS-13 gang member Kilmar Abrego Garcia will be deported after he’s released from jail in Tennessee, but not to his native El Salvador, according to a federal prosecutor.

The Trump administration plans to initiate removal proceedings against Abrego Garcia that would expel him to a “third country,” Justice Department lawyer Jonathan Guynn told a Maryland federal judge on Thursday. 

 

Courtroom sketch of Kilmar Abrego Garcia at his detention hearing.
This courtroom sketch depicts Kilmar Abrego Garcia sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. AP 
 

Guynn noted that the Trump administration will comply with all court orders and that there are “no imminent plans” to deport the Salvadoran national, who entered the US illegally in 2011. 

“We do plan to comply with the orders we’ve received from this court and other courts,” he said. “But there’s no timeline for these specific proceedings.”

 

Prosecutor says ‘there’s no timeline’

It’s unclear which country the Trump administration would seek to deport the so-called “Maryland Man” to. 

On Monday, the Supreme Court ruled that the government could resume deporting migrants to countries other than their home nation with limited notice.

Courtroom sketch of Judge Barbara Holmes.
This courtroom sketch depicts U.S. Magistrate Judge Barbara Holmes in court during a detention hearing for Kilmar Abrego Garcia on Wednesday, June 25, 2025, in Nashville, Tenn. AP
 

The ruling came after the Trump administration had planned to deport several foreign nationals to war-torn Libya and South Sudan but was blocked by a lower court. 

Guynn essentially confirmed Trump administration officials’ vows that Abrego Garcia “will never go free on American soil.” 

A DOJ spokesman, however, indicated the department intends to try Abrego Garcia before he’s deported. 

“This defendant has been charged with horrific crimes, including trafficking children, and will not walk free in our country again,” DOJ spokesman Chad Gilmartin said in a statement after Guynn explained the Trump administration’s plans for Abrego Garcia. 

The DOJ had argued in court filings seeking to block Abrego Garcia’s release from a Nashville jail that part of the reason he should remain behind bars is because it would ensure he is not deported before he stands trial.

A Tennessee judge on Sunday ruled that Abrego Garcia must be freed from jail as he awaits trial on human smuggling charges – and a Trump administration effort to overturn the order was denied on Wednesday.

Photo of Kilmar Abrego Garcia.
This undated photo provided by CASA, an immigrant advocacy organization, in April 2025, shows Kilmar Abrego Garcia. AP
 

Guynn’s confirmation of the government’s plans for Abrego Garcia came during a conference call with his lawyers and District Judge Paula Xinis. 

Abrego Garcia’s defense team has asked Xinis to order the government not to deport their client when he’s released from jail and to allow him to be transported to Maryland, where he lived before his March 12 arrest. 

“We have concerns that the government may try to remove Mr. Abrego Garcia quickly over the weekend, something like that,” Jonathan Cooper, one of Abrego Garcia’s lawyers, told the judge. 

 

Woman holding sign that says 'Wrongfully held in Trump's overseas ICE jail. Bring Kilmar home,' with photo of man and child.
Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, right, stands with supporters during a news conference at CASA’s Multicultural Center in Hyattsville, Md., April 4, 2025. AP
 
 
Guards escorting a handcuffed man through a prison corridor.
In this undated photo provided by the U.S. District Court for the District of Maryland in April 2025, a man identified by Jennifer Vasquez Sura as her husband, Kilmar Abrego Garcia, is led by force by guards through the Terrorism Confinement Center in Tecoluca, El Salvador. AP
 

Xinis, an appointee of former President Barack Obama, set a July 7 court hearing to discuss the matter, noting that she would not make a quick ruling and had to consider the Trump administration’s bids to dismiss the case first. 

Release conditions for Abrego Garcia were set by US Magistrate Judge Barbara Holmes during a hearing in Nashville on Wednesday. 

Holmes, who opted not to release Abrego Garcia after the hearing, noted: “I can’t order [Immigration and Customs Enforcement] to take any particular actions with respect to Mr. Abrego in this case.”

“The most I can do is request the US Attorney’s Office to encourage cooperation from Homeland Security,” she added.

Abrego Garcia was previously deported to the notorious CECOT mega prison in El Salvador, but was returned to the US earlier this month to face charges related to a 2022 Tennessee traffic stop. 

Courtroom sketch of Kilmar Abrego Garcia at a detention hearing.
This courtroom sketch depicts, from left, attorney Sean Hecker, Kilmar Abrego Garcia and attorney Rascoe Dean in court during Garcia’s detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. AP
 

Federal authorities, citing cooperating witnesses, claim Abrego Garcia was part of a human trafficking conspiracy, and was paid up to $1,500 per smuggling trip and may have raked in more than $100,000 annually trafficking humans, including minors.

He pleaded not guilty earlier this month. 

Earlier this year, the Supreme Court determined that Abrego Garcia – who had a court order barring his removal to El Salvador –  was illegally deported to the Central American nation.

With Post wires

Author: Victor Nava

Source: NY Post

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