Justice Department Plans to Deport Kilmar Abrego Garcia to Third Country Amid Smuggling Trial

WASHINGTON — The Justice Department revealed Thursday that it intends to prosecute Kilmar Abrego Garcia on federal human smuggling charges in Tennessee but plans to deport him upon release—not to his native El Salvador, but to a third country.

The announcement has sparked legal battles and raised questions about the Trump administration’s immigration policies, especially given Abrego Garcia’s controversial deportation earlier this year.

Background: Who is Kilmar Abrego Garcia?

Kilmar Abrego Garcia is a Maryland-based construction worker who was mistakenly deported to El Salvador in March 2025. His case drew widespread attention after it emerged that the deportation violated a 2019 immigration judge’s order prohibiting his removal to El Salvador due to credible threats from gangs in his home country. Abrego Garcia’s wife, an American citizen, is currently suing the Trump administration over this wrongful deportation.

Following his forced removal, the Justice Department brought smuggling charges against Abrego Garcia, stemming from a 2022 traffic stop in Tennessee where he was found driving a vehicle with nine passengers and no luggage—a stop that raised suspicion of human smuggling activity.

DOJ’s Current Position

In a conference call Thursday with federal judge Paula Xinis in Maryland and Abrego Garcia’s defense attorneys, Justice Department lawyer Jonathan Guynn explained the government’s plan to deport Abrego Garcia to a “third country” after his prosecution concludes in Tennessee.

Guynn stressed that there are “no imminent plans” to deport him before the trial and assured compliance with all court orders. However, he declined to provide a specific timeline for either the trial or the deportation proceedings.

DOJ spokesperson Chad Gilmartin emphasized the severity of the charges: “This defendant has been charged with horrific crimes, including trafficking children, and will not walk free in our country again.”

Legal Hurdles and Court Proceedings

Abrego Garcia currently remains in custody in Tennessee, after U.S. Magistrate Judge Barbara Holmes ruled he should stay jailed over concerns that Immigration and Customs Enforcement (ICE) might attempt to deport him prematurely again.

Magistrate Holmes previously acknowledged Abrego Garcia’s right to release while awaiting trial, and set strict conditions for his potential release, including residing with his brother in Maryland, a U.S. citizen. Nonetheless, she delayed release pending resolution of the government’s immigration-related plans.

Meanwhile, Abrego Garcia’s attorneys petitioned Judge Xinis in Maryland to order the government to transfer Abrego Garcia to Maryland after release to prevent his swift removal before trial. Xinis scheduled a hearing for July 7 to consider this emergency motion.

Controversy Over Deportation Plans

Abrego Garcia’s potential deportation to a third country raises significant legal and diplomatic questions. Experts note that while unusual, such deportations fall within the government’s authority if diplomatic agreements can be arranged with the receiving country.

Ohio State University law professor César Cuauhtémoc García Hernández explained, “The Trump administration would have to pull its diplomatic levers. It’s unusual. But it’s not unheard of.”

This option comes amid concerns that Abrego Garcia could be at risk if deported back to El Salvador, where violent gangs have reportedly targeted him and his family. Deporting him elsewhere could be a way for the government to comply with immigration laws while avoiding sending him to harm.

Defense’s Position and Ongoing Legal Battle

Abrego Garcia’s lawyers strongly contest both the smuggling charges and the deportation plans. They argue the charges are a pretext to justify his wrongful deportation and emphasize his deep roots in the U.S., where he has lived with his American wife and children for over a decade.

One of his attorneys, Jonathan Cooper, warned the court of fears that the government might act quickly to deport Abrego Garcia, potentially over a weekend, before legal protections could be fully enforced.

The defense maintains that premature deportation would violate Abrego Garcia’s rights to due process and a fair trial.

Trump Administration’s Immigration Stance

The Trump administration has repeatedly characterized the mistaken deportation as an administrative error but has simultaneously reinforced allegations that Abrego Garcia was involved with the notorious MS-13 gang—a claim the defendant denies vehemently.

Attorney General Pam Bondi has framed the government’s return of Abrego Garcia from El Salvador as an example of “American justice,” highlighting the administration’s tough stance on immigration enforcement and human smuggling.

The Road Ahead: Trial and Deportation Uncertain

As legal wrangling continues, Abrego Garcia remains behind bars in Tennessee awaiting trial on smuggling charges. The government’s intentions to deport him to a non-native country post-trial add complexity to the case, raising concerns about international law, human rights, and diplomatic negotiations.

Judge Xinis’s upcoming hearing on July 7 could set important precedents regarding jurisdiction and deportation protections for defendants facing serious charges but at risk of forced removal.

Meanwhile, Abrego Garcia’s case highlights the broader tensions and human costs underlying America’s immigration policies under the current administration.

Summary: Kilmar Abrego Garcia’s case remains a high-profile flashpoint in U.S. immigration and criminal justice policy. The government plans to prosecute him on smuggling charges but also intends to deport him—likely to a country other than his native El Salvador—after his trial. Legal battles continue as courts seek to balance law enforcement interests, due process rights, and human rights concerns.