Regulation

A federal judge in the United States has requested confirmation from the Trump administration that Kilmar Abrego Garcia will not be deported while an injunction prohibiting his deportation remains active. The request came from District Judge Paula Xinis on Monday, following a notification from US Immigration and Customs Enforcement (ICE) regarding plans to deport Abrego Garcia to Liberia.

Background

Previously, Abrego Garcia was deported to El Salvador in March, contrary to a 2019 court order that barred his deportation to his homeland. He was returned to the United States in June under a judge’s order and was subsequently charged with human smuggling in Tennessee. He is currently seeking to have this case dismissed.

Legal Proceedings

Judge Xinis questioned why the government is not deporting Abrego Garcia to Costa Rica, where he is reportedly willing to relocate. Costa Rica has indicated it would accept him as a legal immigrant without the risk of re-deportation to El Salvador.

There have been repeated accusations from administration officials that Abrego Garcia is affiliated with the MS-13 gang, although this has not been substantiated in court.

Legal and Human Rights Concerns

Legal representatives claim Abrego Garcia is being targeted for political reasons. The proposal to deport him to Liberia, a country with which he has no connections, has been criticized by his lawyer as “cruel and unconstitutional.”

The administration has pursued deportation to so-called third countries for individuals who cannot be sent back to their homelands. Advocacy groups argue this practice infringes on due process rights and exposes individuals to countries with histories of human rights issues.

In a separate legal process, Abrego Garcia has applied for asylum in the United States.