Kilmar Abrego Garcia back in court Thursday as judge weighs Maryland transfer

Kilmar Abrego Garcia is expected back in federal court on Thursday, as a judge considers the request for Abrego Garcia to be sent to Maryland to await trial. 

The request is aimed at preventing the Trump administration from trying to deport him again. 

What we know:

Garcia’s attorneys fear that unless Abrego Garica is transferred to Maryland upon release, federal immigration officials could detain and deport him again.

"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.  

The Justice Department has declared that they intend to try Garcia on smuggling charges before they move to deport him. 

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.

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