Abrego Garcia lawyers again ask for delay in release from jail, citing deportation threat
Attorneys for Abrego Garcia said the delay was needed 'given the uncertainty of the outcome of any removal proceedings.'
The Department of Justice has not objected to the request.
Abrego Garcia spent weeks imprisoned in El Salvador after being deported due to an administrative error despite a 2019 order from an immigration judge barring him from being returned to his home country.
Attorneys for the Justice Department said if Abrego Garcia were to be released, he would be picked up by U.S. Immigration and Customs Enforcement agents.
Though Abrego Garcia cannot be deported to El Salvador, he could be sent to another country that agrees to take him, and the Trump administration has sought such arrangements with countries such as South Sudan.
Abrego Garcia is fighting in two courts to bar his deportation, including the Maryland federal court where his family first sought his return from a Salvadoran prison.
It's unusual for those facing charges to fight their release from prison — a sign of the uncertainty facing Abrego Garcia as the Justice Department argues they have little control or insight into how immigration authorities would handle his case.
Abrego Garcia was returned to the U.S. as the Trump administration announced they would bring human trafficking charges against the man stemming from a 2022 traffic stop in Tennessee where he was seen driving other men without luggage.
A ruling is expected shortly in Maryland, where Judge Paula Xinis has been asked to bar the Trump administration from deporting Abrego Garcia.
In an attempt to stave off Xinis from taking any action, government attorneys agreed to abide by certain procedures before deporting him to a third country.
But Abrego Garcia's lawyers said those guarantees don't alleviate their concerns.
'It leaves open the critical question of whether my client will receive effective notice and an opportunity to be heard in a court before he is removed to an as-yet unidentified third country,' attorney Jonathan Cooper said at a hearing in Xinis's court room earlier this month.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Taylor Wilson: Joey, what will this executive order do about homelessness? Joey Garrison: President Trump took executive action on Thursday signing an order that really makes it easier for cities and states really encourages them to remove homeless people from the streets and from encampments and move them over to rehabilitation and treatment centers. This is done in a couple of ways. First of all, Trump is directing his attorney general, Pam Bondi, to challenge judicial precedents both at the federal and state levels, try to reverse those precedents and consent decrees that currently limit the ability of local and state governments to remove homeless people from the streets. The order also sets forth, though this part is a little unclear, redirecting federal funds to these centers where Trump wants to move homeless people to. And it's not clear exactly how much money will be allocated for this or from where that money is going to be coming from. And also, he's ordered several federal agencies, including HHS and HUD, to start prioritizing federal grants to states and cities that prohibit homeless encampments, so this is a direct incentive for the federal government to crack down on homelessness camps. And so that's the big things that this sweeping homeless EO from Trump seeks to accomplish. Taylor Wilson: And Joey, what did we hear from the White House about why they feel this is necessary in this moment? Joey Garrison: Trump has long talked about the homeless issue in the country. He makes the comments often about Washington DC when he is driving around in the presidential vehicle he looks out the window and sees these homelessness camps. It's always been something that he's talked about. It falls under this law and order umbrella that Trump has long talked about. And there are numbers to back up, the fact that homelessness is at an all-time high in the country right now, HUD does an annual count of the number of people sleeping on the streets on a single night each year. And last January 2024 they counted over 770,000 on a single night. That was a 18% increase over the previous year. And so there is an issue, of course, with the rise of homelessness in many cities. Taylor Wilson: Wow. Trump's action here follows a major Supreme Court move as well earlier this year on homeless camps, Joey, what did they decide? Can we go back to that for a moment? Joey Garrison: Yeah, that's a huge point, what's going on in the background here. In June, just a month ago, the Supreme Court ruled that individuals can be arrested and fined for sleeping and public spaces. They upheld a homelessness ban in a City of Grant Pass, Oregon that prohibits homeless people from sleeping outdoors. In that city they have fines starting at $250 per individual as well as jail time for repeat offenses. You have this opinion, which was a six three conservative majority ruling that essentially upholds cities and states banning homelessness in their communities. And so with that authority upheld by the Supreme Court, you're seeing this real proactive executive order from Trump for cities and states to really go after homelessness in their cities. Taylor Wilson: Well, Joey, as for this week's executive order, are we hearing any pushback? What do critics say about this latest action out of the White House? Joey Garrison: Not surprisingly, a lot of homelessness advocates are condemning this, and I think there's a lot of questions here. First of all, this idea of removing people from where they live on streets to centers. There's a lot of questions whether these rehabilitation centers, whether there's enough beds to house an entire homelessness population. You look at cities on the West Coast like Los Angeles and San Francisco, which have really large numbers of homeless people. I think a lot of homeless advocates say the best way is to address the housing problem right now in this country. The affordability issue with buying a home has never been greater really than it is right now. They argue that this isn't the right way to try to tackle this problem, that it's really rather inhumane to sweep the streets of people who are living there. Taylor Wilson: Joey Garrison covers the White House for USA TODAY. Thank you, Joey. Joey Garrison: Thanks so much. ♦ Taylor Wilson: Hulk Hogan has died. Hogan, whose legal name is Terry Bollea was influential on the rise of wrestling worldwide and WWE's first major star. As WWE became the dominant wrestling company, his stardom grew and he headlined the first nine editions of WrestleMania with his most iconic moment coming at WrestleMania III in 1987. Defending the World Heavyweight Championship against longtime rival, Andre the Giant Hogan picked him up and delivered the body slam heard around the world, and his popularity spread outside the ring with appearances and TV shows and movies. He wasn't without scandal though, he testified admitting he took steroids. And then in 2015 he was caught on tape making racist comments that severely tarnished his popularity and legacy. WWE distanced itself from Hogan in the fallout, but he eventually returned to making appearances with the company in 2018. He made his last appearance for WWE in January. Hulk Hogan was 71. ♦ Thanks for listening to The Excerpt. We're produced by Shannon Rae Green and Kaely Monahan, and our executive producer is Laura Beatty. You can get the podcast wherever you get your pods, and as always, you can email us at podcasts at I'm Taylor Wilson. I'll be back tomorrow with more of The Excerpt from USA TODAY.