One day after a judge outlined possible bail conditions for Kilmar Abrego Garcia, his attorneys filed an emergency motion requesting his return to Maryland while he awaits trial. Garcia, accused of human smuggling, had been deported earlier this year to El Salvador’s controversial CECOT mega-prison despite a 2019 court order prohibiting his removal to that country due to fears of persecution. He was brought back to the U.S. earlier this month to face charges in Tennessee.
Federal prosecutors revealed that if released on bond, Garcia would be placed in ICE custody and potentially deported—not to El Salvador, but to an unspecified third country. When questioned by U.S. District Judge Paula Xinis, government attorney Jonathan Guynn admitted there were “no imminent plans” or specific timelines for his removal.
During a Maryland scheduling conference, Xinis expressed concern about the government’s intentions and asked clarifying questions about deportation timelines. Garcia’s legal team argued that without court intervention, the government could quickly transfer him far from Maryland, complicating his legal defense and separating him from his wife and children.
Garcia’s emergency motion seeks to prevent the government from removing him from the continental U.S. or relocating him out of Maryland. His legal team emphasized the urgency of the matter, warning that government action could occur swiftly unless the court intervenes.
