DOJ signals it would rather deport Abrego Garcia than prosecute him
In a contentious hearing on Monday, U.S. District Judge Paula Xinis challenged the Trump administration’s intentions regarding the deportation of Salvadoran migrant Kilmar Abrego Garcia. The administration suggested it would prefer to deport Abrego Garcia to an African nation, specifically Liberia, rather than pursue the criminal charges against him for transporting illegal migrants. Judge Xinis, who currently has an injunction preventing Abrego Garcia’s deportation, questioned a Department of Justice (DOJ) lawyer about the feasibility of this plan. The DOJ’s lawyer, Drew Ensign, indicated that if the legal barriers were lifted, the administration was prepared to remove Abrego Garcia as early as Friday. However, Judge Xinis expressed skepticism about the timing, especially with an evidentiary hearing set to occur next week regarding the legitimacy of the charges against Abrego Garcia, who has pleaded not guilty.
The complexities of this case are further underscored by the administration’s shifting deportation plans. Liberia has emerged as the latest option after other African nations—Uganda, Ghana, and Eswatini—were also considered. Abrego Garcia’s defense attorney, Simon Sandoval-Moshenberg, expressed concerns about the lack of clarity surrounding the conditions of Abrego Garcia’s potential deportation to Liberia, particularly regarding his safety and the risk of being sent back to El Salvador, where he fears persecution. The attorney also highlighted that Costa Rica remains a viable option for asylum, as the country has explicitly agreed to accept Abrego Garcia without the threat of returning him to El Salvador. Judge Xinis questioned the DOJ’s rationale for not pursuing this option more aggressively, especially given that it was previously suggested as a possible plea deal in exchange for a guilty plea.
The situation illustrates the ongoing tensions between the DOJ and the Department of Homeland Security (DHS) regarding how to handle Abrego Garcia’s case. Judge Xinis suggested that there may be behind-the-scenes coordination between the two agencies, as their conflicting positions on deportation and prosecution seem to lack a coherent strategy. As the hearing unfolds, the legal intricacies surrounding Abrego Garcia’s case continue to raise questions about due process and the implications of deportation policies, particularly for individuals facing serious charges and the potential risks they may encounter upon return to their home countries. The court’s decisions in the coming weeks will be crucial in determining not only Abrego Garcia’s fate but also the broader implications for immigration enforcement and the treatment of asylum seekers in the U.S. legal system.
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The
Trump administration
signaled to a federal judge on Monday during a hearing that it would rather deport Salvadoran migrant Kilmar Abrego Garcia to Africa than follow through with prosecuting him on charges of transporting illegal migrants.
Judge Paula Xinis of Maryland grilled a Department of Justice lawyer over the plans, asking if the administration would remove Abrego Garcia to Liberia this week if it could overcome legal hurdles. Xinis currently has an injunction in place blocking Abrego Garcia from being deported.
“I have been told that if there was no prohibition, we would remove him on Friday,” DOJ lawyer Drew Ensign said.
Xinis pressed Ensign about Abrego Garcia’s criminal case in
Tennessee
, and Ensign replied that he did not know how deporting Abrego Garcia would affect that case. The judge voiced skepticism about the timing of the administration’s desired deportation date of Friday.
FEDERAL JUDGE LOSES PATIENCE WITH TRUMP DOJ AS ABREGO GARCIA DEPORTATION STALLS AGAIN
Xinis noted that a high-pressure hearing is happening next week over whether the DOJ vindictively brought criminal charges against Abrego Garcia after initially admitting to erroneously deporting him to a prison in El Salvador earlier this year.
“I don’t believe a criminal case can go forward if there’s no defendant,” Xinis said, adding, “I’m trying to figure out how useful this Friday is, and the reason why I’m asking is because it’s common knowledge there is an evidentiary hearing [in Tennessee] next week.”
Liberia is now the fourth African country raised by lawyers for the Trump administration after they previously identified three others, Uganda, Ghana and Eswatini, that could potentially accept Abrego Garcia, pending dissolution of Xinis’ injunction keeping him in the United States.
The judge signaled that the Department of Homeland Security’s position of wanting to deport him and the DOJ’s position of wanting to take him to trial did not add up and that she suspected some behind-the-scenes logistical discussions were taking place.
“It just doesn’t pass the sniff test that there hasn’t been some coordination,” Xinis said.
DHS TO SOON DEPORT ABREGO GARCIA TO AFRICAN NATION AFTER ILLEGAL ALIEN’S RETURN FROM EL SALVADOR, FILING SAYS
Abrego Garcia’s defense attorney Simon Sandoval-Moshenberg told the judge his team was unsatisfied with Liberia, saying they were unclear on whether their client would be detained or free in Liberia and that they currently suspect he could be re-deported to El Salvador, where he has established a credible fear of persecution.
Sandoval-Moshenberg reiterated that Abrego Garcia is open to being deported to Costa Rica, the only country that has explicitly agreed to grant him asylum and to not send him back to El Salvador.
Xinis questioned Ensign about the administration’s position on deporting him to Costa Rica, after Abrego Garcia’s attorneys previously accused the government of dangling that option in exchange for him pleading guilty in his criminal case in Tennessee.
FEDERAL JUDGE TEMPORARILY BARS ABREGO GARCIA FROM DEPORTATION TO UGANDA
“Any insight you can shed on why we’re continuing this hearing when you could deport him to a third country tomorrow?” Xinis asked, adding, “Now we’re about to burn significant resources … to now talk about a fourth African country.”
Fox News Digital reached out to the DOJ for comment.
In August, when Abrego Garcia’s attorneys first told the court about
the DOJ
floating Costa Rica as part of a plea deal, a DOJ spokesperson said in a statement that pleading guilty or standing trial were Abrego Garcia’s only options because he presented a “clear danger” to the community. Abrego Garcia has pleaded not guilty to the charges.
“This defendant can plead guilty and accept responsibility or stand trial before a jury,” the spokesperson said. “Either way, we will hold Abrego Garcia accountable and protect the American people.”
Fox News Digital’s Breanne Deppisch and Fox News’ Jake Gibson contributed to this report.
Eric
Eric is a seasoned journalist covering US Politics news.
