Judge to rule on Kilmar Abrego Garcia's transfer to Maryland from Tennessee
Kilmar Abrego Garcia: Judge criticizes DOJ over changing answers in ongoing case
A hearing was held in Greenbelt, MD for the ongoing case of Kilmar Abrego Garcia. A judge ordered the Trump administration to produce a witness that could detail the government's plans for Abrego Garcia upon his scheduled release in the coming weeks.
MARYLAND - A federal court hearing in Maryland is scheduled for Monday morning to determine whether Kilmar Abrego Garcia can be moved from Tennessee to Maryland to avoid immediate deportation.
What we know:
Garcia’s attorneys filed an emergency request Thursday, urging the court to intervene and block a second deportation attempt. They fear that unless he’s transferred to Maryland upon release, federal immigration officials could detain and deport him again — potentially as soon as this weekend.
"If this Court does not act swiftly, then the Government is likely to whisk Abrego Garcia away to some place far from Maryland," say Abrego Garcia’s attorneys.
U.S. Magistrate Judge Barbara Holmes in Nashville has already ruled that Garcia should be released while awaiting trial on human smuggling charges. But she delayed his release due to concerns that ICE might quickly detain and remove him, despite court orders.
The Justice Department has declared that they intend to try Garcia on smuggling charges before they move to deport him.
Read the full story: DOJ plans to go to trial before moving to deport
Monday’s hearing, presided over by U.S. District Judge Paula Xinis, will address the emergency request and other matters.
The backstory:
Garcia was originally deported to El Salvador in March in violation of a 2019 judge’s order that protected him due to gang threats in his home country. After public outcry and legal intervention, he was returned to the U.S.
Garcia has pleaded not guilty to federal smuggling charges, which stem from a 2022 traffic stop in Tennessee where he was found transporting nine passengers. His attorneys say the charges are a pretext to justify the wrongful deportation.
U.S. Magistrate Judge Barbara Holmes ruled that Garcia could be released to home detention with electronic location monitoring, under the custody of his brother, and must comply with nearly two-dozen court-ordered conditions, including restrictions on travel and enrollment in anger management counseling.