Trump Administration Says It Will Simply Re-Deport Kilmar Abrego Garcia If He Is Brought Back To U.S.

Topline

The Trump administration said Tuesday if a Maryland man mistakenly deported to El Salvador last month is returned to the U.S. under a Supreme Court ruling issued last week, it will move to deport the man again to a third country, justifying its plans by again claiming the man is a member of the MS-13 gang.

Key Facts

The administration said in a filing Tuesday that Kilmar Abrego Garcia would be detained by DHS if he returns to American soil, adding the man would either be deported to a third country or have his temporary deportation protection terminated over his alleged MS-13 membership, which Garcia’s attorneys have denied, citing his lack of a criminal record.

Garcia was granted the status known as “withholding of removal” in 2019 after fleeing gang violence in El Salvador, allowing him to live and work in the U.S. temporarily.

The administration insisted again in a filing it does not have the authority to bring Garcia back “from the domestic custody of a foreign sovereign nation,” days after the Supreme Court issued an order requiring it to “facilitate” the return of Garcia to the U.S. over a month after he was erroneously deported to El Salvador.

District Judge Paula Xinis said during Tuesday’s hearing the Trump administration had not provided any updates it had done anything to facilitate Garcia’s release from El Salvador, shooting down an argument that a Monday news conference featuring President Donald Trump and El Salvador President Nayib Bukele sufficed as a legally viable update.

Xinis said earlier in the hearing she would likely order the government to give information about whether it followed her order to provide updates on Garcia, saying, “There will be no tolerance for gamesmanship or grandstanding,” according to The New York Times.

What To Watch For

There will be another hearing regarding Garcia on Wednesday, when Garcia’s lawyers will be able to question the government, make requests for documents and depose up to six Trump administration officials, the Times reported.

This is a developing story. Check back for updates.