The U.S. government would initiate deportation proceedings against Kilmar Abrego Garcia if he’s released from jail before he stands trial on human smuggling charges in Tennessee, a Justice Department attorney told a federal judge in Maryland on Monday.
The disclosure by U.S. lawyer Jonathan Guynn contradicts statements by spokespeople for the Justice Department and the White House, who said last month that Abrego Garcia would stand trial and possibly spend time in an American prison before the government moves to deport him.
Guynn made the revelation during a federal court hearing in Maryland, where Abrego Garcia’s lawyers have expressed concerns that he would be denied due process once more by the Trump administration before it likely tries to expel him again from the U.S.
Guynn said that U.S. Immigrations and Customs Enforcement would detain Abrego Garcia once he’s released from jail in Tennessee and send him to a “third country” that isn’t his native El Salvador. However, Guynn said he didn’t know which country that would be.
Abrego Garcia became a flashpoint over President Donald Trump’s immigration policies when he was deported in March to a notorious megaprison in his native El Salvador. The Trump administration violated a U.S. immigration judge’s order in 2019 that shielded Abrego Garcia from deportation to El Salvador because he likely faced persecution there by local gangs that terrorized his family.
Facing increasing pressure and a Supreme Court order, the Trump administration returned Abrego Garcia to the United States last month to face federal human smuggling charges. Abrego Garcia’s attorneys have characterized the case as “preposterous” and an attempt to justify his erroneous deportation.
A federal judge in Nashville was preparing to release Abrego Garcia to await trial. But she agreed last week to keep Abrego Garcia behind bars at the request of his own attorneys. They had raised concerns the U.S. would try to immediately deport him, while citing what they say were “contradictory statements” by the Trump administration.
For example, Guynn had told U.S. District Judge Paula Xinis in Maryland on June 26 that the U.S. government planned to deport Abrego Garcia to a “third country” that isn’t El Salvador. But he said there was no timeline for the deportation plans.
Later that day, DOJ spokesperson Chad Gilmartin told The Associated Press that the Justice Department intends to try Abrego Garcia on the smuggling charges before it moves to deport him.
White House spokesperson Abigail Jackson posted on X that day that Abrego Garcia “will face the full force of the American justice system — including serving time in American prison for the crimes he’s committed.”
Abrego Garcia’s attorneys have asked Xinis to order the government to take Abrego Garcia to Maryland upon release from jail in Tennessee, an arrangement that would prevent his deportation before trial. Abrego Garcia lived in Maryland outside of Washington for more than a decade, working construction and raising a family with his American wife.
Xinis is still considering his lawyers’ request to send him to Maryland if he’s released. Meanwhile, Xinis ruled Monday that the lawsuit against the Trump administration over Abrego Garcia’s mistaken deportation can continue.