Illegal Alien Kilmar Abrego Garcia Likely To Remain In Federal Custody To Avoid Deportation 

The Tennessee Conservative [By Olivia Lupia] –

A federal judge has said she is likely to keep Salvadoran national Kimar Abrego Garcia in federal custody for the time being to prevent what would probably be a quick deportation by ICE should he be released.

Abrego is currently awaiting trial for human smuggling charges in Nashville, though his attorneys have been contending to have him released pending trial and transported back to Maryland to avoid his being immediately remanded into ICE custody given that the federal department has announced intentions to deport Abrego to a third country not his native El Salvador should he be released from pretrial detention this week.

During Friday’s hearing, U.S District Judge Paula Xinis, who is overseeing the Maryland portion of Garcia’s case, seemed inclined to grant a temporary restraining order to prevent the Department of Homeland Security from deporting Garcia from the U.S.

The order would grant Garcia’s removal from Tennessee but would keep him at a detention center near Maryland until the lawsuit regarding his deportation under a final order of removal proceeds.

Garcia’s attorneys are requesting a 72-hour restraining order should he be released on July 16, and if granted, it would prevent DHS from deporting Garcia to a third country without proper notice and an opportunity to challenge the removal.

One of the attorneys defending Garcia stated the concern is, “he’ll be gone in a blink and never to be heard from again.”

Xinis chastised Justice Department attorneys for claiming Garcia had a detainer by immigration officials but had not producing the document. The DOJ stated they were still working in it, but Xinis said she would not “take their word” that it existed. However, DOJ attorney Sarmad M. Khojasteh was able to present the document about halfway through the hearing.

Garcia’s attorney then argued the detainer “has a massive hole in it” because the document states Garcia is under a final removal order but Thomas Giles, ICE’s assistant director for enforcement and removal operations, said in testimony last week that because Garcia is not yet in removal proceedings the federal government could not detail any further actions to be taken for Garcia’s deportation. “We have an obvious chicken-and-egg problem,” the lawyer said.

Garcia has had deportation protections in place since 2019 due to suppositions he would experience gang violence should he be sent back to El Salvador. Xinis then raised concerns that Garcia could also face harm in a third country because the Trump administration has identified him as a member of the violent gang MS-13. She further expressed worry that should he be deported to a third country, that country could then send him to El Salvador anyways.

DOJ attorney Khojasteh stated that an immigration officer would determine the next steps for Garcia upon his release, another thing to which the judge objected.

“It defies reality that this is going to be left to a desk officer,” Xinis said. 

Xinis said she will decide on the temporary restraining order before Wednesday. Another hearing is scheduled for Wednesday in a Tennessee federal court where a federal judge will determine whether Garcia will remain in U.S. Marshal custody or attain pretrial release.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.