Judge scolds Justice Department for 'refusal' to detail deportation plans for Kilmar Abrego Garcia
The Salvadoran national could be released from a Tennessee jail as soon as next Wednesday to await trial on human smuggling charges. U.S. immigration officials have said they would immediately detain him and begin deportation proceedings.
'I'm deeply concerned that if there's not some restraint on you, Mr. Abrego will be on another plane to another country,' U.S. District Judge Paula Xinis told Justice Department lawyers on Friday.
Abrego Garcia became a flashpoint over Republican President Donald Trump's immigration policies when he was wrongfully deported to his native El Salvador in March. That expulsion violated a U.S. immigration judge's order in 2019 that shields Abrego Garcia from deportation to El Salvador because he likely faces threats of gang violence there.
The administration claimed that Abrego Garcia was in the MS-13 gang, although he wasn't charged and has repeatedly denied the allegation. Facing mounting pressure and a U.S. Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. last month to face the smuggling charges, which his attorneys have called 'preposterous.'
The administration argues now that Abrego Garcia is a danger to the community and can be deported before his trial to a country other than El Salvador.
Abrego Garcia's attorneys have asked Xinis to order the government to send him to Maryland if he's released in Tennessee, a request that aims to prevent his expulsion before trial.
In court on Friday, Abrego Garcia's attorneys asked for at least a 72-hour hold that would prevent immediate deportation. Attorney Andrew Rossman called it the 'critical bottom-line protection' needed to prevent a potentially egregious violation of due process rights.
Xinis didn't rule from the bench Friday, but said she'll issue an order before a federal judge in Tennessee holds a hearing on Wednesday to discuss Abrego Garcia's release.
The smuggling case stems from a 2022 traffic stop for speeding, during Abrego Garcia was driving a vehicle with nine passengers without any luggage. Police in Tennessee suspected human smuggling, but he was allowed to drive on.
Abrego Garcia lived and worked in Maryland for more than a decade, working construction and raising a family. His American wife is suing the administration over his wrongful deportation in Xinis's court in Maryland.
Given the history of the case, Xinis raised concerns on Friday that the government will take action without properly informing Abrego Garcia and his attorneys until it's too late.
'The point is the utter refusal of your clients to engage in any conversation about what's going to happen on Wednesday despite the extraordinary facts of this case,' Xinis told Justice Department attorneys.
Thomas Giles, an assistant director for U.S. Immigrations and Customs Enforcement, testified previously that Mexico or South Sudan may be willing to accept Abrego Garcia. But he said the Trump administration hasn't decided on anything yet.
Xinis on Friday criticized Giles' testimony, describing it as garden variety information that lacked specifics. She also expressed concern that Abrego Garcia could be deported to a nation that would just send him back to his native country.
Sarmad Khojasteh, a Justice Department attorney, declined to discuss in detail what could happen. But he said one possibility is the initiation of deportation proceedings to a third country. Another is revisiting the immigration judge's 2019 order that shielded Abrego Garcia from deportation to El Salvador.
When Abrego Garcia was mistakenly deported, he was first held in a notorious megaprison. Abrego Garcia's lawyers recently alleged in court documents that he was beaten and subjected to psychological torture. El Salvador President Nayib Bukele denied the allegations.
Regarding deportation to a 'third country,' Khojasteh told the judge that people are first told what country they're being sent to, then allowed to express fear of going there. If the fear is deemed credible, the person gets a hearing before an immigration judge.
Khojasteh declined to discuss what happens after that, calling the line of questioning 'like six layers deep in speculation.'
'These things haven't happened yet,' he said. 'The controversy's not ripe.'
He said Abrego Garcia would be treated like any other immigrant under the circumstances.
But Xinis sharply rejected that notion. She said the case has already received so much attention that she can't imagine it will be subject to a routine decision-making process among immigration officials.
___
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time Magazine
10 hours ago
- Time Magazine
Is Donald Trump Named in the Epstein Files?
The Trump Administration has tried—and failed—to put tensions over its handling of convicted sex offender Jeffrey Epstein's case to bed for weeks. But they've only continued to escalate as news outlets have reported new information related to President Donald Trump's years-long relationship with Epstein and potential inclusion in files related to the case. The recent controversy ignited after the Department of Justice and FBI issued a memo earlier this month declaring Epstein's death a suicide and denying the existence of a 'client list' of people involved in his alleged sex trafficking activities. The memo contradicted a slew of conspiracy theories surrounding Epstein that have been particularly prominent on the right and had previously been fueled by top Trump Administration officials including FBI Director Kash Patel and U.S. Attorney General Pam Bondi, who in February stated that the rumored 'client list' was 'sitting on my desk right now.' (Following the memo's release, both have walked back their previous comments: Patel stated that 'the conspiracy theories just aren't true, never have been,' and Bondi said that she was referring to the case file on Epstein in the February interview.) Trump himself brought the issue up more rarely than his allies, though he promised on the campaign trail to release more information related to the case. The Administration's reversal on the matter has drawn outcry from the President's MAGA base and divided the Republican Party, as constituent concerns and calls for transparency have clashed with Trump's repeated attempts to downplay the scandal. House Speaker Mike Johnson earlier this week prevented a vote on a bipartisan bill that would mandate the full release of the Epstein files—cosponsored by fellow Republican Rep. Thomas Massie of Kentucky and Democratic Rep. Ro Khanna—by sending lawmakers home early for their five-week recess. A day later, the House Oversight Committee voted late Wednesday to subpoena the Department of Justice for its files related to Epstein's case. 'The American people deserve transparency and accountability and his victims deserve justice,' Rep. Summer Lee of Pennsylvania, the top-ranking Democrat on the panel, wrote on X Wednesday. 'The wealthy and powerful are not above the law.' Three Republicans on the committee broke with their party to vote with Democrats on the matter. The committee also issued a subpoena for a deposition from Ghislaine Maxwell, Epstein's long-time associate who is currently serving a 20-year sentence for sex trafficking and other crimes. Here's what to know about the controversy and how the Administration is responding. White House hits back at reports that Trump is named in the files Questions about the Administration's handling of documents related to Epstein further mounted after the Wall Street Journal and other news outlets reported on Wednesday that Justice Department officials informed the President in May that his name is in the Epstein files. His inclusion in the records, which also include the names of other influential figures, isn't evidence of wrongdoing, according to the Journal's report. Trump's name has previously appeared in unsealed documents in the case, along with those of a number of other Epstein acquaintances and associates. Justice Department officials also reportedly informed Trump in the May briefing that they did not plan on releasing additional files related to Epstein because the material included child pornography and the personal information of victims. The Administration is pushing back on the reporting. White House communications director Steven Cheung referred to it as 'fake news' in a statement to TIME. 'The fact is that the President kicked him out of his club for being a creep,' Cheung said. However, a Trump official told Reuters that the Administration is not denying that Trump's name was mentioned in the files. The Journal's most recent report comes as its parent companies, owner, two reporters, and one of the parent company's CEOs face a libel lawsuit filed by the President in response to an earlier story alleging that Trump was one of dozens of individuals who wrote letters to Epstein for his 50th birthday in 2003. 'Happy Birthday — and may every day be another wonderful secret,' the letter concluded, according to the media outlet. TIME has not independently verified the reporting. On Wednesday, Rep. Khanna told MSNBC's 'The Last Word with Lawrence O'Donnell' that he planned on issuing a subpoena for the birthday album, which is in the possession of the Epstein estate. In the face of the escalating scandal, the Trump Administration has made some effort to release more files related to Epstein. On July 18, the Justice Department filed a motion asking for grand jury transcripts in the case to be released. A Florida federal judge this Wednesday blocked one of the Administration's requests to unseal grand jury testimony, citing regulations barring courts from unsealing such transcripts except in narrow circumstances. Two other requests for information filed by the Department in the state of New York are still being considered. What has Trump said about Epstein? Despite Trump's attempts to distance himself from Epstein since the disgraced financier's first conviction in 2008, the two were previously pictured together on numerous occasions—including at Trump's 1993 wedding to Marla Maples and at his Mar-a-Lago estate. In a 2002 interview with New York Magazine, Trump stated that he had known Epstein for around 15 years and referred to him as a 'terrific guy' and 'a lot of fun.' 'It is even said that he likes beautiful women as much as I do, and many of them are on the younger side. No doubt about it — Jeffrey enjoys his social life,' the magazine quoted the President as saying. In 2017, however, the Trump Organization denied that the President had a relationship with Epstein or was aware of his conduct. 'This has all been reported countless times in the press,' Trump Organization attorney Alan Garten told POLITICO. The President has expressed ire at the media's focus on Epstein in recent weeks. 'I had the Greatest Six Months of any President in the History of our Country, and all the Fake News wants to talk about is the Jeffrey Epstein Hoax!' Trump wrote on Truth Social Wednesday. What files have already been released on Epstein and is there a client list? Public pressure for the unsealing of files regarding the notorious sex offender is in part due to Trump's 2024 presidential campaign promise to release more information regarding the matter. Some previously sealed documents related to the Epstein and Maxwell cases have already been made public. In January 2024, more than 1,400 pages of records were unsealed under the Biden Administration, though they included little new information. This February, the Trump Justice Department released what it referred to as the 'first phase of the declassified Epstein files,' first to a group of right-wing influencers and later publicly. The information, however, was mostly already public, including flight logs and a redacted copy of Epstein's contact book. Trump is among other prominent figures named in the previously unsealed documents. He was mentioned in a 2016 deposition from Johanna Sjoberg, one of Epstein's victims, who said the disgraced financier's plane made an impromptu stop in Atlantic City in the 2000s. Sjoberg said 'no' when asked if she'd given Trump a massage. The FBI and DOJ have denied the existence of a 'client list' of people Epstein allegedly trafficked young girls to. They also said there is no credible evidence that Epstein blackmailed associates to keep them quiet. Why is the government meeting with Ghislaine Maxwell now? Deputy Attorney General Todd Blanche said on Tuesday that he intended to meet with Maxwell to discuss Epstein and what she knows about his actions. Blanche said he reached out at Bondi's request. 'President Trump has told us to release all credible evidence,' he said. 'If Ghislane Maxwell has information about anyone who has committed crimes against victims, the FBI and the DOJ will hear what she has to say.' Maxwell's lawyer confirmed in a post on X that they were in contact with the government. The decision to speak with Maxwell, as well as the Department of Justice's request for grand jury testimony related to the Epstein to be unsealed on Friday, mark a shift in Bondi's approach to the issue as the Administration continues to take fire from its base and some Republican lawmakers and media figures.
Yahoo
13 hours ago
- Yahoo
Judges deny releasing Ghislaine Maxwell grand jury transcripts from cases in New York and Florida
Federal judges in New York and Florida on Wednesday rejected requests to unseal grand jury transcripts related to investigations into Ghislaine Maxwell and Jeffrey Epstein. Last week, Deputy Attorney General Todd Blanche asked judges in Florida and New York to release transcripts from grand jury proceedings that resulted in indictments against Epstein and Maxwell, saying, 'Transparency to the American public is of the utmost importance to this Administration.' However, appeals from both the Trump administration and Maxwell were denied Wednesday by two separate judges. The evidence the Trump administration hoped to unseal, however, likely wouldn't reveal much, according to experts, who say prosecutors try to provide just enough to get charges — not introduce an entire investigation. U.S. Judge Robin L. Rosenberg in West Palm Beach wrote in her ruling that the request to release the documents related to an investigation into Epstein from 2005 to 2007 did not meet any of the extraordinary exceptions under federal law that could make them public. Grand jury proceedings are typically done in secret and kept from public view. Meanwhile, New York federal Judge Paul A. Engelmayer wrote in a filing that Maxwell, who requested access to grand jury transcripts in her case, 'has not shown, or attempted to show, that the grand jury materials in her case are apt to reveal any deficiency in the proceedings leading to her indictment.' Engelmayer wrote there was 'no compelling necessity' for Maxwell to review her grand jury transcripts, which the Trump Administration has also requested to unseal. 'The Court will review these transcripts expeditiously. In the event the Court determines it would benefit from Maxwell's commentary as to discrete aspect of these transcripts, the Court stands ready to make that excerpt, or a synopsis thereof, available to her counsel to facilitate counsel's briefing,' Engelmayer wrote. Engelmayer continued: 'But there is no justification for Maxwell to obtain the extraordinary relief of plenary access to the grand jury transcripts in her case.' Both rejections come about a week after the Justice Department asked the judges to release the records, likely in a move to appease the MAGA base of President Donald Trump, many of whom believe the government has not been transparent with their investigation into Epstein. While Trump ran on the promise that more information would be released about Epstein and his associates, he has since reversed course, with Attorney General Pam Bondi releasing a joint memo with the FBI indicating there would be no more information shared about the financier's conviction. In 2008, Epstein made a deal with federal prosecutors in Florida that would let him avoid more serious federal charges and instead plead guilty to state charges of procuring a person under 18 for prostitution and solicitation of prostitution. Epstein was arrested in 2019 on federal sex trafficking charges. He later died by suicide in Manhattan federal court while awaiting trial. Maxwell was later convicted at trial and sentenced to 20 years in prison. After news of the rejection was made public Wednesday, White House Press Secretary Karoline Leavitt told reporters she would 'let the president speak to whether he wants to see an appeal.' With reporting from the Associated Press. Solve the daily Crossword
Fox News
13 hours ago
- Fox News
Top GOP lawmaker demands 'soul-searching' from Dems amid anti-ICE riots targeting law enforcement
EXCLUSIVE: Rep. Darrell Issa, R-Calif., introduced a resolution to condemn violence against federal immigration authorities as ICE agents have seen an increase in assaults. The resolution states that ICE and Border Patrol are "facing violent mobs of both citizens and illegal aliens who have not only repeatedly blocked, menaced, and confronted law enforcement, but also attempted to burn and kill our ICE and CBP agents as they carried out their proper and legal duties." It noted several recent incidents, including an anti-ICE attack on Independence Day at the Prarieland Detention Center in Alvarado, Texas, as well as a Border Patrol annex facility shooting in McAllen, Texas. "This resolution represents congressional clarity through a simple question: Do we categorically condemn deadly attacks on federal immigration law enforcement? Or not? I know my Republican colleagues back our agents – it's the Democrats who need some soul-searching about what they've said to encourage and excuse violence in the months they have spent enabling criminal illegals," Issa said on the resolution co-led with fellow California Republican Rep. Ken Calvert. Assaults on ICE agents have gone up 830% since last year, according to DHS, and there's been sharp discourse on whether agents should be allowed to mask when conducting operations, as proponents are concerned about doxing of agents and their families. Issa told Fox News Digital in an interview that the anti-ICE movement seen in many blue areas, including sanctuary cities, is similar to the anti-police movement seen a few years ago. "The larger ICE movement that we're seeing now is really an organized attempt by the left once again to go after law enforcement, to go after the people that are making us safe. You know, what I've seen from this anti-ICE movement is an attempt to keep the streets dangerous with MS-13, with [Tren de Aragua]," Issa said. "As we're looking at the impact of sanctuary cities, sanctuary states, I have both in my district, what we're really looking toward really is, first of all, pushing hard to make sure the federal courts enforce the law," the Republican, who represents parts of the San Diego area, added. "And that particularly is coming into play when President Trump tries to faithfully execute the laws, and he's being pushed back by rogue judges." The congressman noted how Democrats have proposed legislation to prevent agents from wearing masks and requiring them to show identification while conducting sweeps throughout the country, which many proponents of the enforcement activity have said poses a safety risk. However, others have said it's a necessary move for government transparency. "I've heard from immigrant communities and people across Washington state about the pervasive sense of fear and alarm created when masked agents descend on a community without any visible identification, and residents have no way of knowing whether they are interacting with legitimate law enforcement," Sen. Patty Murray, D-Washington, said regarding the recently introduced VISIBLE Act. "Anyone being detained by law enforcement in America deserves to know who is detaining them and why." The Trump administration continues to pursue its goal of mass deportations while highlighting arrests of those with additional criminal charges and convictions. "It's really sad that the Democrats in the Senate would essentially try to undo what we've been doing for federal judges, for FISA judges, and so on, which is to protect their identity, their home locations, so that they can remain safe," Issa said. "Law enforcement is certainly accountable and nobody objects to there being some way to differentiate law enforcement officer one from two. But to ask that they be able to be identified is like asking 'Where do they live and what are their family members' names, and what schools do they go to?' The fact is, there's no real purpose in that," he continued. "And I know that my Democrat colleagues know that."
