Federal judges in 2 states considering challenges to the government’s treatment of Abrego Garcia

GREENBELT, Md. (AP) — Federal judges in two states on Friday are considering challenges to the government’s treatment of Kilmar Abrego Garcia, whose mistaken deportation to El Salvador galvanized opposition to President Donald Trump’s sweeping immigration policy and mass deportation agenda.

In Maryland, Abrego Garcia has challenged efforts to re-deport him to a third country after the government admitted that a previous order prevents his deportation to his home country of El Salvador. U.S. Immigration and Customs Enforcement said recently that it plans to deport him to the southern African country of Eswatini.

U.S. District Judge Paula Xinis has ordered government officials to testify about what steps they have taken to remove Abrego Garcia to another country. His attorneys said on Friday ahead of the hearing that the Trump administration notified them of a new plan to deport him to Ghana after earlier signaling they wanted to send him to Eswatini.

But an ICE official told the judge during Friday’s hearing that the government prematurely mentioned that Ghana was a possible destination, and they were continuing to talk with officials in Eswatini about sending him there.

Abrego Garcia could be removed within 72 hours if the judge allows it and once the administration receives approval from a third country, said John Schultz, a deputy assistant director who helps oversee removals for ICE.

“We could quickly operationalize the removal,” Schultz said.

Abrego Garcia’s attorneys have charged that the Republican administration is trying to illegally use the immigration system to punish him after the embarrassment of his mistaken deportation.

Meanwhile, attorneys in criminal court in Tennessee have made similar claims about retribution in the human smuggling charges brought against Abrego Garcia in June on the day he was returned to the U.S. from El Salvador. The Tennessee judge has concluded that Abrego Garcia’s prosecution may be an illegal retaliation after he successfully sued the Trump administration over his deportation.

The smuggling charges stem from a 2022 traffic stop in Tennessee. Abrego Garcia was not charged at the time, and agents did not begin investigating the stop until earlier this year after his wife sued over his deportation.

At a Friday hearing in Nashville, U.S. District Judge Waverly Crenshaw said he will hear evidence on the motion to dismiss the charges on Nov. 3.

In addition, defense attorneys said they intend to file a motion asking that statements unrelated to the smuggling charges be removed from the indictment. Attorney Jenna Dabbs cited allegations that her client is a member of the MS-13 gang as an example of the extraneous accusations that are not relevant to the actual charges.

Trump administration officials have waged a relentless public relations campaign against Abrego Garcia, repeatedly referring to him as a member of MS-13, among other things, despite the fact he has not been convicted of any crimes.

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Loller reported from Nashville, Tenn.