Federal prosecutors said Thursday they are planning to deport Kilmar Abrego Garcia upon his release from a Tennessee jail.
The U.S. would remove the Maryland man once held in El Salavador’s CECOT prison, to a separate country, according to the Associated Press.
An immigration court issued a 2019 ruling blocking Abrego Garcia’s removal to his native country, El Salvador, citing a history of gang threats against his life.
Abrego Garcia is currently being held on several smuggling charges to which he has plead not guilty following his release from CECOT in June.
U.S. Magistrate Judge Barbara Holmes in Nashville said he has a right to be released while awaiting trial and set conditions for Abrego Garcia to live with his brother, a U.S. citizen, in Maryland.
However, she hesitated to direct the federal government on how to conduct immigration enforcement.
“I have no reservations about my ability to direct the local U.S. Attorney's Office," the judge said. "I don't think I have any authority over ICE."
Abrego Garcia’s attorneys have asked U.S. District Judge Paula Xinis to direct the government to transport him to Maryland until the trial proceedings begin.
“If this court does not act swiftly, then the government is likely to whisk Abrego Garcia away to some place far from Maryland," Abrego Garcia's attorney wrote to Xinis, as reported by AP.
Xinis is presiding over a lawsuit against the Trump administration filed by Abrego Garcia’s wife over his wrongful removal to El Salvador earlier this year.
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