DOJ signals it would rather deport Abrego Garcia than prosecute him

The Trump administration signaled to a federal judge on Monday during a hearing that it would rather deport Salvadoran migrant Kilmar Abrego Garcia to Africa than follow through with prosecuting him on charges of transporting illegal migrants.

Judge Paula Xinis of Maryland grilled a Department of Justice lawyer over the plans, asking if the administration would remove Abrego Garcia to Liberia this week if it could overcome legal hurdles. Xinis currently has an injunction in place blocking Abrego Garcia from being deported.

“I have been told that if there was no prohibition, we would remove him on Friday,” DOJ lawyer Drew Ensign said.

Xinis pressed Ensign about Abrego Garcia’s criminal case in Tennessee, and Ensign replied that he did not know how deporting Abrego Garcia would affect that case. The judge voiced skepticism about the timing of the administration’s desired deportation date of Friday.

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Xinis noted that a high-pressure hearing is happening next week over whether the DOJ vindictively brought criminal charges against Abrego Garcia after initially admitting to erroneously deporting him to a prison in El Salvador earlier this year. 

“I don’t believe a criminal case can go forward if there’s no defendant,” Xinis said, adding, “I’m trying to figure out how useful this Friday is, and the reason why I’m asking is because it’s common knowledge there is an evidentiary hearing [in Tennessee] next week.”

Liberia is now the fourth African country raised by lawyers for the Trump administration after they previously identified three others, Uganda, Ghana and Eswatini, that could potentially accept Abrego Garcia, pending dissolution of Xinis’ injunction keeping him in the United States.

The judge signaled that the Department of Homeland Security’s position of wanting to deport him and the DOJ’s position of wanting to take him to trial did not add up and that she suspected some behind-the-scenes logistical discussions were taking place.

“It just doesn’t pass the sniff test that there hasn’t been some coordination,” Xinis said.

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Abrego Garcia’s defense attorney Simon Sandoval-Moshenberg told the judge his team was unsatisfied with Liberia, saying they were unclear on whether their client would be detained or free in Liberia and that they currently suspect he could be re-deported to El Salvador, where he has established a credible fear of persecution.

Sandoval-Moshenberg reiterated that Abrego Garcia is open to being deported to Costa Rica, the only country that has explicitly agreed to grant him asylum and to not send him back to El Salvador.

Xinis questioned Ensign about the administration’s position on deporting him to Costa Rica, after Abrego Garcia’s attorneys previously accused the government of dangling that option in exchange for him pleading guilty in his criminal case in Tennessee.

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“Any insight you can shed on why we’re continuing this hearing when you could deport him to a third country tomorrow?” Xinis asked, adding, “Now we’re about to burn significant resources … to now talk about a fourth African country.”

Fox News Digital reached out to the DOJ for comment.

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In August, when Abrego Garcia’s attorneys first told the court about the DOJ floating Costa Rica as part of a plea deal, a DOJ spokesperson said in a statement that pleading guilty or standing trial were Abrego Garcia’s only options because he presented a “clear danger” to the community. Abrego Garcia has pleaded not guilty to the charges.

“This defendant can plead guilty and accept responsibility or stand trial before a jury,” the spokesperson said. “Either way, we will hold Abrego Garcia accountable and protect the American people.”

Fox News Digital’s Breanne Deppisch and Fox News’ Jake Gibson contributed to this report.