Trump Administration’s DOJ Urges Judge to Prevent ICE from Taking Custody of Abrego Garcia

In an unexpected reversal, the Trump administration is now urging a federal judge against handing Kilmar Abrego Garcia over to immigration authorities, which would expedite his deportation process, contending that such a move could undermine their criminal case against him.

The man from Maryland, who has become central to the national immigration dialogue, faces federal charges related to migrant smuggling in Tennessee. U.S. Magistrate Judge Barbara Holmes ordered his release on bond as he awaits trial, acknowledging that the decision was primarily procedural, as Immigration and Customs Enforcement (ICE) would likely detain him upon his release from the Justice Department’s custody.

“[I]t is an accepted fact in this case that if the Defendant is released from U.S. Marshals Custody, he will not be released at liberty but rather, into the custody of Immigration and Customs Enforcement (ICE),” the DOJ wrote in a Tuesday filing. This would “poses potentially irreparable problems for the prosecution” and therefore the general public, the government argues.

“Should this Court not order a stay, and the Defendant is moved to ICE custody and deported from the United States, the prosecution would lose the meaningful opportunity to try its case,” the DOJ adds.

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While the DOJ acknowledged any such deportation would not take place instantaneously, “these immigration proceedings exist as real, potential, substantial and irreparable harm to the United States.”

The request marks a shocking departure from the administration’s erstwhile stance — that Abrego Garcia, though improperly deported to El Salvador specifically, was rightfully expelled from the U.S. The federal government has painted him as a violent criminal with gang ties, and, while he was in Salvadoran custody, argued that it was powerless to facilitate his return.

Abrego Garcia has pleaded not guilty to the charges against him, and his attorneys have decried the government’s actions, arguing they have “flouted rather than followed” orders from both the Nashville-based federal court as well as the Supreme Court.

Holmes excoriated prosecutors’ “insufficient” evidence in her release order on Sunday, saying the administration failed to show Abrego Garcia was a flight risk or danger to the community since he was returned to the U.S. earlier this month.

The DOJ soon after filed a motion for a stay, and then, on Tuesday, said it stands by its argument that the Maryland man is “a serious risk of flight” because “he would have a monumental incentive to flee: to avoid deportation to El Salvador.”

“Should the Defendant be at liberty and successfully flee, the Government’s interest in bringing him to trial will be irreparably injured,” the DOJ added. “The United States cannot try a fugitive.”

The DOJ, in arguing ICE — under the authority of the Department of Homeland Security — could deport Abrego Garcia, appears to suggest the two agencies would not be in consultation, a surprising concept given how the Trump administration has touted President Donald Trump’s authority over all executive department agencies.