Feds Now Say Abrego Garcia Could Be Deported Before Facing Trial, Contradicting Prior Claim

The U.S. government now says it could deport Kilmar Abrego Garcia before he faces trial on human smuggling charges in Tennessee, contradicting earlier statements by Justice Department and White House officials.

During a federal court hearing in Maryland on Monday, Justice Department attorney Jonathan Guynn told U.S. District Judge Paula Xinis that Immigration and Customs Enforcement (ICE) would detain Abrego Garcia upon his release from criminal custody and move to deport him, potentially to a third country, though Guynn did not specify which one.

"There is no intention to simply leave him in limbo under ICE custody while we wait for the criminal case to unfold," Guynn said according to Associated Press. "He will be deported, as would any other illegal alien in that process."

This statement stands in contrast with earlier assurances from White House spokesperson Abigail Jackson, who in June wrote 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." At the time, DOJ spokesperson Chad Gilmartin also told the AP that the government would prosecute Abrego Garcia before deporting him.

Abrego Garcia, a longtime Maryland resident, was deported to El Salvador in March in violation of a 2019 immigration court order that protected him from removal to that country due to a credible fear of persecution. He was returned to the U.S. in June after a Supreme Court order and is now in pretrial detention in Tennessee on human smuggling charges stemming from a 2022 traffic stop.

His attorneys argue that the Trump administration is trying to deport him before trial to avoid legal scrutiny. "That's the baseline of what we're asking for," said Abrego Garcia's attorney Andrew Rossman, referring to a request for advance notice and the chance to challenge any removal action in court.

The government described the March deportation earlier this week as a "one-off mistake" despite previously claiming it had been deliberate. Meanwhile, Abrego Garcías leagl team recently detailed the abuse he allegedly endured during a three-week detention at El Salvador's CECOT prison, including being ordered to kneel for nine hours straight and prevented from going to the bathroom.

Abrego Garcia has denied any gang affiliation, including to MS-13, and pleaded not guilty to the smuggling charges.