Kilmar Abrego Garcia, a suspected MS-13 gang member, is caught in a legal whirlwind that could see him deported to a mystery third country instead of his native El Salvador, as the New York Post reports.
After entering the U.S. without authorization in 2011, Abrego Garcia now faces removal proceedings under the Trump administration’s plans, while also staring down serious charges like child trafficking before any deportation can happen.
Let’s rewind a bit — this saga started when Abrego Garcia crossed into the U.S. illegally over a decade ago, setting the stage for a long and messy battle with federal authorities. Turns out, actions do have consequences, even if they take years to catch up.
From illegal entry to subsequent legal battles
Fast forward to more recent events, and Abrego Garcia found himself deported to El Salvador’s CECOT mega prison at some point, only to be hauled back to the U.S. earlier this month to face charges tied to a 2022 Tennessee traffic stop. Federal authorities aren’t playing around, alleging he raked in up to $1,500 per smuggling trip, possibly earning over $100,000 a year trafficking humans, including minors.
He has pleaded not guilty to these grave accusations, but the Department of Justice (DOJ) isn’t backing down, determined to see him tried before any deportation takes place. It’s a rare moment where justice might just outpace bureaucracy — let’s hope it stays that way.
Meanwhile, a Tennessee judge ruled on a recent Sunday that Abrego Garcia must be freed from a Nashville jail as he awaits trial on human smuggling charges. The Trump administration tried to overturn this order by Wednesday, but their effort was shot down faster than a progressive policy at a conservative town hall.
Courtroom drama over deportation plans
Enter Justice Department lawyer Jonathan Guynn, who confirmed during a Maryland federal court conference call on Thursday that removal proceedings are in the works — but not to El Salvador. “We do plan to comply with the orders we’ve received from this court and other courts,” Guynn stated, before adding there’s no set timeline. Well, isn’t that a comforting bit of vagueness when national security is on the line?
The twist? The administration aims to send Abrego Garcia to an undisclosed third country, leaving everyone guessing where he might land. It’s a bold move, especially since a Supreme Court ruling this past Monday greenlit deportations to nations other than a migrant’s homeland with minimal notice.
That ruling came after earlier Trump administration plans to deport individuals to conflict zones like Libya and South Sudan were blocked by lower courts, only for the high court to step in. It’s a reminder that immigration policy isn’t just about borders — it’s about where you draw the line on safety and sovereignty.
DOJ pushes for trial before removal
The DOJ is adamant about keeping Abrego Garcia in the U.S. long enough to face trial, with spokesman Chad Gilmartin declaring, “This defendant has been charged with horrific crimes.” He’s not wrong — child trafficking isn’t a minor infraction, and ensuring accountability before deportation seems like common sense, not cruelty.
White House deputy press secretary Abigail Jackson doubled down, stating, “Abrego Garcia was returned to the United States to face trial for the egregious charges against him.” It’s a firm stance that justice must be served on American soil first, and frankly, it’s hard to argue with prioritizing the prosecution of such serious offenses.
Yet, Abrego Garcia’s defense team isn’t sitting idly by, expressing worry over a potential swift removal, with lawyer Jonathan Cooper noting, “We have concerns that the government may try to remove Mr. Abrego Garcia quickly over the weekend.” While their concern for due process is noted, one wonders if the same urgency applies to the victims of the alleged crimes.
Judicial tug-of-war continues
In Nashville, U.S. Magistrate Judge Barbara Holmes set release conditions but ultimately decided against letting Abrego Garcia out after a recent Wednesday hearing, stating, “I can’t order [Immigration and Customs Enforcement] to take any particular actions.” It’s a frustrating limit on judicial power when the stakes are this high.
Judge Holmes added, “The most I can do is request the US Attorney’s Office to encourage cooperation from Homeland Security.” Meanwhile, in Maryland, District Judge Paula Xinis, appointed by a previous administration, has scheduled a hearing for July 7 to hash out these thorny issues, promising no rushed decisions.
With courts juggling multiple angles — deportation, trial, and release conditions—the case remains a tangled web of legal priorities. Patience might be a virtue, but with child trafficking charges on the table, slow and steady feels like a risky pace when justice hangs in the balance.
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Author: Mae Slater
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