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(NewsNation) — Kilmar Abrego Garcia, the Salvadorian nationalist from Maryland who was mistakenly deported to El Salvador, volition look proceedings connected the national smuggling charges earlier helium tin beryllium deported to a state alternatively than his location country, the Justice Department announced connected Thursday.
The announcement came aft national prosecutors told a U.S. District Judge successful Maryland they planned to statesman proceedings to remove Abrego Garcia from the United States and deport him to a state different than his location state erstwhile helium is released from national custody.
But a Department of Justice spokesperson told the Associated Press Thursday day that the authorities volition effort Abrego Garcia earlier moving for his removal from the United States.
“This suspect has been charged with horrific crimes, including trafficking children, and volition not locomotion escaped successful our state again,” the spokesman, Chad Gilmartin, told the AP.
The government's declaration came a time aft Abrego Garcia appeared successful national tribunal successful Nashville. Abrego Garcia was returned to the United States from El Salvador this period to look federal quality smuggling charges and remains successful jailhouse successful Tennessee aft Wednesday’s hearing, which was to person outlined to conditions of his release.
Attorneys representing Abrego Garcia, the 29-year-old operation worker, were already bracing for the anticipation that their lawsuit could beryllium taken into the custody of Immigration and Customs Enforcement upon being released.
They asked U.S. Magistrate Barbara Holmes connected Wednesday if Abrego Garcia was detained by ICE oregon the Department of Homeland Security, whether helium would beryllium held successful a installation wherever they could person entree to him arsenic helium awaits proceedings connected the Tennessee charges. Holmes responded that she did not person the authorization to find wherever helium was held arsenic helium awaited trial.
Jennifer Vasquez Sura, the woman of Kilmar Abrego Garcia (center achromatic shirt), enters the courthouse for a proceeding regarding her husband's imaginable merchandise astatine Fred D Thompson Federal Building & Courthouse connected June 25, 2025 successful Nashville. (Photo by Brett Carlsen/Getty Images)On Thursday, Abrego Garcia's lawyers asked specifically if their lawsuit could beryllium returned to Maryland, wherever helium had been surviving with his family, erstwhile helium was deported to El Salvador owed to an administrative error. By doing so, they said, it would beryllium much hard for the authorities to deport him.
Holmes had fixed Abrego Garcia’s attorneys until Thursday to record a question aft Wednesday’s proceeding successful which Holmes laid retired the conditions of his release. However, she again warned that those conditions would lone use if Abrego Garcia was not taken into ICE custody.
Prosecutors told the justice connected Thursday, however, that they would comply with each tribunal orders and said that their plans to statesman removal proceedings against Abrego Garcia were not imminent, The Associated Press reported.
Holmes ruled Sunday that Abrego Garcia does not correspond a formation hazard oregon a menace to the assemblage and therefore, had the close to beryllium released from custody portion awaiting trial. However, pursuing Wednesday’s astir two-hour proceeding successful Nashville, she ruled that Abrego Garcia should stay successful jailhouse amid expectations that ICE would detain him and determination to person him deported.
In their petition to U.S. District Court Judge Paula Xinis, Abrego Garcia’s attorneys wrote that “if this tribunal does not enactment swiftly," the authorities “is apt to whisk Abrego Garcia distant to immoderate spot acold from Maryland,” the AP reported.
One of Abrego Garcia’s migration attorneys did not instantly instrumentality a petition from NewsNation seeking remark Thursday.
Abrego Garcia has pleaded not blameworthy to the smuggling charges, which stem from a 2022 postulation halt successful Tennessee. Abrego Garcia entered the United States illegally successful 2013 and was fixed a protective bid successful 2019 by an migration judge, which kept him from being deported to El Salvador amid threats from a pack successful his location country.
The Associated Press contributed to this story.
