Federal Judge To Hear From Ice On Its Plans For Abrego Garcia Pending Release From Custody

GREENBELT, MD. – A national judge will perceive from a apical Homeland Security charismatic Thursday arsenic she weighs adjacent steps successful nan lawsuit of Kilmar Abrego Garcia, a Salvadoran migrant erroneously deported from nan U.S. and now cardinal to a ineligible conflict complete Trump’s statesmanlike powers.

U.S. District Judge Paula Xinis ordered nan Trump management connected Monday to nutrient a authorities witnesser "with individual knowledge" astir nan administration’s plans for Abrego Garcia, who she said will beryllium expected to testify, nether oath, astir nan "who, what, where, and when" involving nan government's plans to deport him again to either El Salvador aliases a 3rd state pending merchandise from national custody.

Justice Department officials notified Judge Xinis hours earlier nan proceeding that they scheme to telephone arsenic a witnesser Thomas Giles, nan adjunct head for nan Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations agency successful Los Angeles, California.

Trump management officials are expected to reside connected Thursday, "among different topics, nan asserted lawful bases for detention, nan quality and timing of immoderate announcement to beryllium provided to Abrego Garcia, nan location of immoderate projected custody aliases transfer, and nan procedural steps Defendants intend to pursue," Xinis said successful her order. 

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Kilmar Abrego Garcia, a Salvadoran forbidden migrant who was deported to El Salvador, is seen wearing a Chicago Bulls hat, successful this handout (Abrego Garcia Family/Handout via REUTERS)

The petition came aft Justice Department officials conceded astatine a proceeding earlier this week that Abrego Garcia could beryllium removed from nan U.S. arsenic soon arsenic July 16 — 9 days from today, erstwhile a national judge successful Tennessee will see whether he should beryllium freed and transferred to DHS custody.

Abrego Garcia, presently held by U.S. Marshals successful Tennessee, was returned from El Salvador successful June — 3 months aft his deportation and weeks aft nan Supreme Court backed Xinis’s bid to facilitate his return.

Upon arrival, Abrego was instantly slapped pinch national charges stemming from a 2022 postulation stop. Justice Department officials acknowledged successful tribunal this week that they scheme to instantly return him into ICE custody arsenic early arsenic this period and deport him to a 3rd state — sloppy of nan position of his criminal case.

Xinis, who is handling his civilian case, grilled Trump management lawyers for specifications Monday arsenic to erstwhile they opened a national investigation into Abrego Garcia successful nan U.S. Middle District of Tennessee — and really nan timing of nan investigation and national indictment squared pinch nan government's grounds successful her ain court. 

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A divided photograph of prisoners astatine nan maximum information Salvadorian prison, CECOT, s seen adjacent to a photograph of protesters successful nan U.S. massing against Trump's determination to nonstop hundreds of migrants to nan installation earlier this year. (Getty Images)

She took umbrage astatine nan dueling timelines of nan criminal investigation, noting that, by nan government’s ain admission, it began investigating Abrego Garcia successful nan Middle District successful Tennessee connected April 28, 2025 — nan aforesaid clip officials were telling nan tribunal that nan management was powerless to bid a overseas authorities to return Abrego Garcia, successful compliance pinch nan tribunal order.

"Now I person existent concerns — arsenic if I haven't for nan past 3 months," Xinis noted successful response.

Justice Department lawyers besides told Xinis that they do not scheme to support him successful nan U.S. until his proceedings is over.

"No," Justice Department lawyer Jonathan Guynn answered simply. 

This still from video from July 22, 2015 show Paula Xinis from US Senate Judiciary Committee (US Senate Judiciary Committee)

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"There’s nary volition to conscionable put him successful limbo successful ICE custody while we hold for nan criminal lawsuit to unfold," Guynn told Xinis. "He will beryllium removed, arsenic would immoderate different forbidden alien successful that process."

"Given nan bid of unlawful actions" here, I consciousness for illustration it’s good wrong my authority to bid this proceeding — possibly much than 1 — to perceive grounds from astatine slightest 1 witnesser pinch firsthand knowledge, who tin reply these questions astir nan contiguous adjacent steps" from nan authorities pending Abrego Garca's merchandise from custody, Xinis said.