Ábrego García will be deported again if released from jail before trial, says DoJ attorney

The Guardian

08-07-2025

The US government would initiate deportation proceedings against Kilmar Ábrego García 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 US lawyer Jonathan Guynn contradicts statements by spokespeople for the justice department and the White House, who said last month that Ábrego García 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 Ábrego García's wife, a US citizen, is suing the Trump administration over his mistaken deportation in March and trying to prevent him from being expelled again.
Guynn said US Immigrations and Customs Enforcement would detain Ábrego García once he's released from jail 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.
Paula Xinis, a US district judge, said trying to determine what will happen to Ábrego García has been 'like trying to nail Jello to a wall'. She scheduled a hearing for Thursday for US officials to explain possible next steps if Ábrego García is released.
Ábrego García's case became a flashpoint over Donald Trump's immigration policies when he was deported in March to a notorious mega prison in his native El Salvador. The Trump administration claimed he was in the MS-13 gang, although Ábrego García was never charged with a crime and has repeatedly denied the allegation.
In recent court filings, Ábrego García's lawyers wrote that he had been tortured while being held at the so-called Terrorism Confinement Center (Cecot) in El Salvador. He and 20 other men 'were forced to kneel from approximately 9:00 PM to 6:00 AM' according to the filing, and Ábrego García was beaten and threatened.
When the Trump administration deported Ábrego García, it violated a US immigration judge's order in 2019 that shielded him from being sent to his native country. The judge had determined that Ábrego García likely faced persecution by local gangs that had terrorized him and his family and prompted him to flee to the US.
For months, the Trump administration said that it had no ability to bring back Ábrego García or any of the more than 200 men that the government had sent to Cecot. 'DHS does not have authority to forcibly extract an alien from the domestic custody of a foreign sovereign nation,' the Department of Homeland Security's general counsel said in one court filing.
However, in a new filing Monday, officials from El Salvador told the United Nations 'the jurisdiction and legal responsibility' for the men that the US deported to Cecot – most of whom were Venezuelan nationals with no ties to El Salvador, and no criminal records – lies 'exclusively with' the US.
Facing increasing pressure and a supreme court order, the Trump administration returned Ábrego García to the US last month to face federal human smuggling charges. The charges stem from a 2022 traffic stop for speeding in Tennessee, during which Ábrego García was driving a vehicle with nine passengers without luggage.
Ábrego García has pleaded not guilty. His lawyers told a judge that some government witnesses cooperated to get favors regarding their immigration status or criminal charges they were facing.
They've also accused the Trump administration of bringing Ábrego García back 'to convict him in the court of public opinion' with the intention of deporting him before he can defend himself at trial.
A federal judge in Nashville was preparing to release Ábrego García, determining he's not a flight risk or a danger. But she agreed to keep Ábrego García behind bars at the request of his own attorneys, who raised concerns the US would try to immediately deport him.
In court documents, Ábrego García's lawyers cited 'contradictory statements' by the Trump administration. For example, Guynn told Xinis on 26 June that Ice planned to deport Ábrego García, though he didn't say when.
Later that day, justice department spokesperson Chad Gilmartin told the Associated Press that it intends to try Ábrego García on the smuggling charges before it moves to deport him.
Abigail Jackson, a White House spokesperson, posted on X that day that Ábrego García 'will face the full force of the American justice system – including serving time in American prison for the crimes he's committed'.
Ábrego García's attorneys asked Xinis to order the government to take him to Maryland upon his release from jail, an arrangement that would prevent his deportation before trial. Ábrego García lived in Maryland for more than a decade, working in construction and raising a family.
Xinis is still considering that request. Guynn told the judge on Monday that she doesn't have the jurisdiction to decide where Ábrego García would be detained. Xinis responded by asking why she couldn't order an 'interim step' to ensure that Ábrego García isn't 'spirited away again'.
Andrew Rossman, an attorney for Ábrego García, said he should be given notice and an opportunity to challenge his removal in court.
'That's the baseline of what we're asking for,' he added.
Meanwhile, Xinis denied the Trump administration's motion to dismiss the lawsuit over Ábrego García's mistaken deportation.
The government had argued the litigation was moot because it returned him to the US. Xinis said 'the controversy' isn't over simply because he's back.
Maanvi Singh contributed reporting