The Trump administration has signaled to a federal judge that it would prefer to deport Salvadoran migrant Kilmar Abrego Garcia to Africa rather than proceed with prosecuting him on charges of transporting illegal aliens. During a hearing on Monday, Judge Paula Xinis of Maryland grilled a Department of Justice lawyer over the plans, questioning whether the administration would remove Abrego Garcia to Liberia this week if legal hurdles were overcome. Xinis currently has an injunction in place blocking Abrego Garcia from being deported.
The DOJ lawyer, Drew Ensign, responded that if there were no legal barriers, they would remove him on Friday, indicating the administration’s urgency. This decision has raised concerns, as the judge has suggested that the administration’s timeline and logistics may be driven by behind-the-scenes coordination, rather than a genuine intent to proceed with the deportation.
Xinis pressed Ensign about Abrego Garcia’s criminal case in Tennessee and noted that the administration’s timing of the deportation date of Friday was questioned. The judge expressed skepticism about the practicality of the request, noting that the government’s desire to deport him before pending legal proceedings in Tennessee would complicate the process. The judge has also indicated that the government’s strategy may be influenced by internal discussions, as she found it unlikely that a deportation could be so hastily arranged without some coordination.
Liberia is now the fourth African country identified by the Trump administration as a potential destination for Abrego Garcia, following Uganda, Ghana, and Eswatini. However, the defense team for Abrego Garcia has expressed concerns about Liberia, stating that they are uncertain about whether their client would be detained or free upon arrival there. The defense suspects he could be re-deported to El Salvador, where he has demonstrated a credible fear of persecution. Costa Rica remains the only country that has explicitly agreed to grant him asylum without sending him back to El Salvador.
Judge Xinis questioned Ensign about the administration’s stance on deporting Abrego Garcia to Costa Rica, which the defense team had previously accused the government of using as a potential bargaining chip in exchange for a guilty plea in the Tennessee case. The judge emphasized the confusion over the continued legal proceedings, asking why there was still a need for a hearing when the administration could potentially deport him to a third country immediately. She highlighted the significant resources being used to discuss a fourth African country, suggesting that the government might be maneuvering for strategic reasons.
Xinis has also raised questions about the DOJ’s position regarding the criminal case, pointing out that if the deportation proceeded, it could complicate the prosecution. The judge’s skepticism is evident as she has questioned the practicality of the government’s plans, indicating that the situation might be more about strategic maneuvering than a genuine concern for legal processes. The ongoing legal battles and the administration’s approach have been met with scrutiny, with the judge suggesting that the government may be orchestrating a complex strategy to manage the situation.