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Justice Department Will Deport Kilmar Abrego Garcia Before Trial, Judge Demands Details

Judge Paula Xinis has set a July 10 hearing to hear firsthand testimony on the administration’s plan to deport Abrego Garcia before his trial

Jennifer Vasquez Sura, center, the wife of Kilmar Abrego Garcia, joins supporters of Abrego Garcia as they rally outside of the U.S. District Court in Greenbelt, Md., where a hearing was scheduled to be held on returning him to Maryland, Monday, July 7, 2025. (AP Photo/Mark Schiefelbein)
Supporters of Kilmar Abrego Garcia rally outside of the U.S. District Court in Greenbelt, Md., where a hearing was scheduled to be held on returning him to Maryland, Monday, July 7, 2025. (AP Photo/Mark Schiefelbein)
Kilmar Abrego Garcia; Rachel Maddow.

Overview

  • During a July 7 hearing in Maryland, DOJ attorney Jonathan Guynn confirmed that if freed from criminal custody, ICE will immediately detain Abrego Garcia and begin removal proceedings to a third country before his Tennessee trial.
  • Guynn’s admission directly contradicted earlier statements by Justice Department and White House spokespeople that Abrego Garcia would first face trial and serve any sentence in the United States.
  • Frustrated by vague government answers, Judge Xinis ordered officials to produce a witness with personal knowledge for the July 10 session to clarify the timing and destination of his removal.
  • Abrego Garcia remains in pretrial detention in Tennessee on federal human smuggling charges as his civil lawsuit over the March wrongful deportation under a 2019 protective order continues.
  • The case underscores tensions between executive removal powers and judicial oversight following the Supreme Court’s expansion of authority to deport migrants to third countries before conviction.