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In a significant federal hearing, Justice Department officials revealed plans to initiate deportation proceedings against Kilmar Abrego Garcia, a Salvadorian migrant, potentially starting this month. U.S. District Judge Paula Xinis presided over the multi-hour session on Monday, which yielded few clear answers for those involved.
Judge Xinis has mandated the Trump administration to bring a government official to testify regarding the details of detaining Abrego Garcia in ICE custody following his release from a criminal facility in Tennessee. This hearing is set for Thursday, where the administration must clarify its approach to the anticipated deportation process.
During the session, Trump’s lawyers indicated that the migrant could be removed from the U.S. as soon as July 16, creating urgency in the ongoing case.
The day in court proved to be both remarkable and frustrating. Judge Xinis aptly described the challenges of extracting information from the administration as akin to “trying to nail Jell-O to a wall.” Her inquiries focused on the government’s intentions regarding immediate deportation while simultaneously managing a criminal case against Abrego Garcia.
When asked if the government intended to detain the migrant in ICE custody until the criminal proceedings concluded, Justice Department attorney Jonathan Guynn offered a straightforward reply. He stated there was no plan to keep Abrego Garcia in a holding pattern while legal matters unfolded. Instead, he insisted that he would be removed as would any illegal alien facing such a process.
Justice Department plans to deport Abrego Garcia to a third country raised several questions. Since March, Judge Xinis has presided over the civil case, which came about after the Trump administration mistakenly deported him to El Salvador. Last week, the judge ordered both parties to appear in court for the first time since May to discuss a series of conflicting motions filed by both the Trump administration and Abrego Garcia’s legal team.
Although the judge did not rule immediately on each motion during Monday’s hearing, she rejected two motions presented by the government—labelling the Trump administration’s arguments regarding its inability to compel El Salvador to return Abrego Garcia as “meritless.”
Judge Xinis pushed for clarity on when a federal investigation into Abrego Garcia commenced, which arose from a 2022 traffic stop in a separate district. She questioned how this timeline aligned with the administration’s statements in her court. She noted the apparent contradiction: while the government claimed no ability to bring Abrego Garcia back to the U.S., it simultaneously secured an indictment against him in Tennessee.
The accumulative evidence led Judge Xinis to order that the Trump administration provide a witness who could provide specific details regarding the deportation of Abrego Garcia. This witness must answer detailed questions about the logistics of the deportation process, including who would handle it, what methods would be used, and the timing of the actions.
In line with her judicial authority, Judge Xinis expressed her intention to hold hearings to gather testimony from individuals equipped to shed light on the government’s next steps regarding Abrego Garcia’s imminent release. She emphasized the necessity of understanding the lawful actions being pursued by the administration, particularly in the wake of what she described as a series of unlawful actions.
These hearings will be crucial for determining the future of Kilmar Abrego Garcia, whose case embodies the complexities of immigration law and federal enforcement policies. As the situation develops, the focus remains on how the legal process will unfold, both in terms of his deportation and his active criminal case.
This story continues to evolve. Stay tuned for further updates as new information emerges.