US will try to deport Kilmar Abrego Garcia before trial, DOJ attorney says

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.

GREENBELT, Md. - The U.S. government intends to initiate deportation proceedings against Kilmar Abrego Garcia should he be released from jail before standing trial on human smuggling charges in Tennessee, a Justice Department attorney told a federal judge Monday.

A statement by Justice Department attorney Jonathan Guynn contradicts earlier assertions by officials from the Justice Department and the White House, who said last month that Kilmar Abrego Garcia would stand trial in the United States and potentially serve prison time before facing deportation.

Deportation plan revealed

What we know:

Guynn made the disclosure during a federal court hearing in Maryland, where Abrego Garcia’s American wife is suing the Trump administration over his March deportation and seeking to block his removal a second time.

Guynn said U.S. Immigration and Customs Enforcement would detain Abrego Garcia upon his release from jail and deport him to a "third country" other than his native El Salvador, though he did not specify which country.

Legal challenges

U.S. District Judge Paula Xinis said efforts to determine Abrego Garcia’s fate has been "like trying to nail Jello to a wall." She scheduled a hearing for Thursday for federal officials to outline possible next steps if he is released from custody.

Abrego Garcia became a hot-button issue in President Donald Trump’s immigration agenda after his March deportation to a notorious megaprison in El Salvador. The administration alleged he was affiliated with the MS-13 gang, though he was never charged and has consistently denied the claim.

WASHINGTON, DC - APRIL 09: A member of the Congressional Hispanic Caucus holds a picture of Kilmar Abrego Garcia during a news conference to discuss Abrego Garcia's arrest and deportation d at Cannon House Office Building on April 9, 2025 in Washingt

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The Trump administration deported Abrego Garcia in violation of a 2019 order by a U.S. immigration judge, who ruled that returning him to his native country would likely expose him to persecution by gangs that had terrorized his family and forced him to flee.

Under mounting pressure and a Supreme Court order, the Trump administration returned Abrego Garcia to the United States last month to face federal human smuggling charges. The charges stem from a 2022 traffic stop in Tennessee, where he was pulled over for speeding while driving a vehicle carrying nine passengers without luggage.

Abrego Garcia has pleaded not guilty. His attorneys told the judge that several government witnesses cooperated in hopes of receiving leniency on immigration or criminal matters.

They have also accused the Trump administration of returning Abrego Garcia to "to convict him in the court of public opinion" with plans to deport him before he can stand trial.

A federal judge in Nashville had planned to release Abrego Garcia, ruling he was neither a flight risk nor a danger. But at the request of his attorneys, who feared immediate deportation, she agreed to keep him in custody.