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Judge Xinis Demands Deportation Details From DOJ in Garcia Case

Xinis ordered a Justice Department witness to detail plans for Garcia’s removal to guard his due process rights.

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Overview

  • Judge Paula Xinis criticized the Justice Department’s refusal to specify where and how ICE plans to deport Kilmar Abrego Garcia and set a hearing for detailed testimony.
  • Garcia remains in federal custody in Tennessee on human smuggling charges after being returned in early June under a Supreme Court mandate following his wrongful March deportation to El Salvador.
  • ICE Assistant Director Thomas Giles has identified Mexico and South Sudan as potential third-country destinations, though the administration has not finalized any decision.
  • Defense attorneys have requested a 72-hour hold to ensure Garcia can contest any deportation order and safeguard his procedural rights before removal.
  • The dispute underscores tensions between federal courts and the Trump administration over use of the Alien Enemies Act and authority to expel migrants to third countries.