A federal judge expressed frustration at Justice Department lawyers in a marathon hearing on Friday as he considered the Trump administration’s efforts send to africa Salvadoran man Kilmer Abrego Garcia was previously deported to El Salvador by mistake.
Abrego García is back in the United States in ICE custody, but he is protected from deportation in his home country.
U.S. District Judge Paula Zinis is considering arguments from Abrego Garcia’s lawyers that the administration is illegally punishing her client by subpoenaing various African countries that will not accept him instead of granting his request to be removed to Costa Rica.
Abrego Garcia’s attorneys argue the judge should release their client. The judge will give his decision in writing later.
“They have traveled all over the world and picked out different locations that they could identify, whether it was to troll him for political purposes, essentially defeating the purpose by selecting locations that would be completely distasteful to Mr. Abrego García,” attorney Andrew Rossman said.
In August, the government indicated that they would expel Abrego García from Uganda. After expressing claims of fear, he was informed last month that the government was considering deporting him to the small, landlocked African country of Eswatini.
That led Zinis to call on the Trump administration to bring a witness into the Greenbelt, Md., courtroom on Friday who has personal knowledge of the steps taken so he can better assess the situation.
The government chose John Schultz, who has worked in Immigration and Customs Enforcement (ICE) for more than two decades and currently oversees removal operations in Africa and other regions.
During nearly four hours of testimony, Schultz revealed that the request to accept Abrego Garcia from Eswatini did not occur until last Wednesday evening. Schultz said there has been a decline in the country, but “discussions continue.”
“The final decision is made when the declaration is sent, and no case has been rejected after the declaration has been sent,” Schultz said.
After Uganda and Eswatini, Abrego García recently received notice that the government intended to deport him to Ghana, but hours before the hearing Ghana’s Foreign Minister made it clear on social media that the country “is not accepting Abrego García.”
Schultz testified that the notice was “sent ahead of schedule.”
Zinis was dismayed by his testimony. He later told Justice Department lawyers that he had “ignored” their order by choosing a witness who knew “nothing” about Abrego García’s request to be sent to Costa Rica.
“If the government hasn’t done anything to influence where it says it will go and take it to the place it says it will go, how can I find out that you are actually following through?” Zinis quipped.
The Justice Department points to Abrego García’s previous suggestion that he feared persecution in more than 20 countries, including Costa Rica.
Justice Department lawyer Drew Ensign told the judge, “This is still potentially a live issue, although I will acknowledge that the clarity given in court today may change the analysis.”
Shinnis, appointed by former President Obama, has temporarily halted Abrego Garcia’s deportation until she can figure out next steps.
Schultz expressed confidence that Abrego García would be deported within 72 hours if the judge withdraws his decision and Eswatini agrees to take him.
“We can remove him very quickly,” Schultz testified.
Abrego García’s case has emerged as a flashpoint in Trump’s second-term immigration crackdown. His administration accuses Abrego García of being a member of the MS-13 gang, a charge he denies.
Abrego García, a Salvadoran citizen, entered the United States illegally and lived in Maryland for years. He gained national attention in March after the Trump administration deported him to a megaprison in El Salvador, despite an immigration order protecting him from removal there due to fears he would face persecution.
In June, the government deported Abrego García from El Salvador to Tennessee to face serious human trafficking charges. Abrego García pleaded innocent and was allowed to return to Maryland pending trial.
Now, Abrego Garcia is back in the custody of immigration officials, who are currently detaining him in Pennsylvania as the administration seeks to potentially deport him again.
