DOJ says ICE will begin Kilmar Abrego Garcia's deportation to third country if released from jail

U.S. District Judge Paula Xinis scheduled a Thursday hearing for federal officials to detail possible next steps if Kilmar Abrego Garcia is released from custody

Published: July 8, 2025 10:50am

The Department of Justice said that U.S. Immigration and Customs Enforcement will begin Kilmar Abrego Garcia's deportation to a third country if he is released from jail while awaiting trial on human smuggling charges in Tennessee.

Justice Department attorney Jonathan Guynn told a federal judge Monday that Abrego Garcia would be deported to an unnamed third country, other than his native El Salvador, FOX5 DC reported. Last month, DOJ officials and the White House said that Abrego Garcia would stand trial in the U.S. and potentially serve prison time before facing deportation.

U.S. District Judge Paula Xinis for the District of Maryland, an Obama appointee, scheduled a Thursday hearing for federal officials to detail possible next steps if Abrego Garcia is released from custody. She said that efforts to determine Abrego Garcia's fate have been "like trying to nail Jello to a wall."

Abrego Garcia emerged as a focal point of the Trump administration's crackdown on illegal immigration, after he was deported to El Salvador despite a court order that allowed him to remain in the country for his own safety. He was returned to the U.S. last month.

Last week, a federal judge in Tennessee delayed Abrego Garcia's release from jail again amid concern from his legal team that he would be deported by ICE officials if released pending his trial.

Federal prosecutors allege Abrego Garcia transported hundreds of illegal migrants over many years, but he has pleaded not guilty to all charges.

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