In a Maryland court hearing on Tuesday, U.S. District Judge Paula Xinis pressed the federal government on its attempt to deport Kilmar Abrego Garcia, a Salvadoran native, while his criminal case in Tennessee remains unresolved.
The government is seeking to dissolve a preliminary injunction that has previously barred the re-detention of Abrego Garcia, arguing that his deportation to Liberia is necessary.
Judge Xinis raised concerns about the timing of the government’s request, questioning why it is pursuing the deportation while Abrego Garcia is still required to stand trial for human smuggling charges in Tennessee.
“Be clear, there is no emergency if what you’re telling me is true that you want to prosecute Mr. Abrego Garcia in Tennessee,” Judge Xinis stated. “You can’t have it both ways—he physically needs to be in this country to be prosecuted.”
Deportation and Past Legal Challenges
Abrego Garcia, who had been living in Maryland with his wife and children, was deported to El Salvador in March 2025, despite a 2019 court order barring his deportation to that country due to fears of persecution.
At the time, the Trump administration claimed that Abrego Garcia was a member of the notorious MS-13 gang, an accusation he denies.
He was later brought back to the U.S. in June 2025 to face human smuggling charges in Tennessee. He pleaded not guilty to these charges, which have yet to be resolved.
Disagreement Over Deportation to Costa Rica
During the Tuesday hearing, Judge Xinis also questioned why the government has not agreed to send Abrego Garcia to Costa Rica, his preferred country of removal. Xinis pointed out that the U.S. has recently reached an agreement with Costa Rica to deport individuals in similar situations to Abrego Garcia’s.
DOJ attorney Ernesto Molina responded by suggesting that Abrego Garcia could deport himself to Costa Rica, which he argued would fulfill the removal order.
Judge Xinis rejected this argument, calling it a “fantasy” and reiterating that Abrego Garcia is legally required to attend his hearings in Tennessee as per a court order from the judge presiding over his criminal case.
The Government’s Position
Despite the ongoing criminal case, Molina emphasized that the Department of Homeland Security’s priority is to remove Abrego Garcia from the United States. Judge Xinis, however, questioned why the government is pursuing his deportation when it is clear that his presence in the U.S. is necessary for the legal proceedings.
“You’re conceding that you’re not dismissing the indictment, and you all know that Mr. Abrego Garcia has to be in the United States… so why are you pressing this motion to dissolve if the criminal case is still needed for the government?” Judge Xinis asked again.
Molina’s response did not address the judge’s concerns, further highlighting the tension between the Department of Homeland Security’s deportation efforts and the need for Abrego Garcia to remain in the U.S. for his criminal trial.
