Abrego Garcia Will Be Deported Again – Update

Update: The Justice Department said Thursday that it intends to try Kilmar Abrego Garcia on federal smuggling charges in Tennessee before it moves to deport him, addressing fears that he could be expelled again from the U.S. within days.

But DOJ spokesperson Chad Gilmartin told The Associated Press that Abrego Garcia will first be tried in court on the charges.

“This defendant has been charged with horrific crimes, including trafficking children, and will not walk free in our country again,” Gilmartin said.

Original Story

Abrego Garcia, now under indictment for trafficking, will not get out of prison while he awaits deportation. An activist judge tried to keep him in the country. However, the Supreme Court is allowing the deportations.

Kilmar Abrego Garcia, the wife beating, alleged MS-13 gangster, will remain in jail for at least a few more days while attorneys in the federal smuggling case against him spar over whether prosecutors have the ability to prevent Abrego Garcia’s deportation if he is released to await trial.

U.S. Magistrate Judge Barbara Holmes ruled that he has the right to be free and live with his brother. However, he will immediately be picked up by ICE. The judge admitted she doesn’t think she has any authority over ICE.

President Trump has the Supreme Court’s OK to deport quickly to third countries.

“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, who was shackled and wearing a red jumpsuit, was expected to be released Wednesday, if only into ICE custody.

Holmes referred to her own ruling as “little more than an academic exercise,” noting that ICE plans to detain him. It is less clear what will happen after that. Although Abrego Garcia can’t be deported to El Salvador — where an immigration judge found he faces a credible threat from gangs — he is still deportable to a third country as long as that country agrees to not send him to El Salvador.

He can’t go to El Salvador, but South Sudan is available.

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