Kilmar Abrego Garcia could face deportation to Mexico or South Sudan: ICE official
GREENBELT, Md. - A U.S. immigration official testified Thursday that Kilmar Abrego Garcia, a native of El Salvador, could be deported to either Mexico or South Sudan if released from a Tennessee jail.
Thomas Giles, assistant director for U.S. Immigration and Customs Enforcement, told a federal judge in Maryland that the Trump administration has not yet determined the destination.
Giles testified that ICE plans to detain Abrego Garcia upon release to await trial on human smuggling charges.
READ MORE: Kilmar Abrego Garcia back in court Thursday as judge weighs Maryland transfer
U.S. District Judge Paula Xinis is weighing whether to grant Abrego Garcia’s request to transfer him to Maryland, a move intended to prevent the Trump administration from attempting to deport him again.
WASHINGTON, DC - APRIL 09: A member of the Congressional Hispanic Caucus holds a picture of Kilmar Abrego Garcia during a news conference to discuss Abrego Garcia's arrest and deportation d at Cannon House Office Building on April 9, 2025 in Washingt
Deportation debate
What we know:
Abrego Garcia became a boiling point in the debate over Trump’s immigration policies after he was wrongfully deported in March. The administration, under pressure and a U.S. Supreme Court order, returned him last month to face smuggling charges.
The charges stem from a 2022 traffic stop in Tennessee, where police pulled Abrego Garcia over for speeding and found nine passengers in the vehicle with no luggage. Although officers suspected human smuggling, he was allowed to proceed.
Attorneys for Abrego Garcia argue that deporting him would strip him of the opportunity to defend himself against human smuggling charges. Justice Department lawyers counter that he poses a public safety risk.
READ MORE: Judge to rule on Kilmar Abrego Garcia's transfer to Maryland from Tennessee
A federal judge in Tennessee could release Abrego Garcia as early as next Wednesday. Meanwhile, a four-hour hearing Thursday in a Maryland court focused on Immigration and Customs Enforcement’s next steps.
During testimony, Giles was questioned by defense attorney Sascha Rand about the due process available to Abrego Garcia in an immigration court. Rand also asked how the Salvadoran national would be treated if deported to countries like Mexico or South Sudan.
"We’re not going to send people to a country where they’re going to get persecuted or tortured," Giles said, according to the Associated Press.
Rand then asked whether Abrego Garcia had been tortured or persecuted at the Salvadoran prison where he was sent in March by the Trump administration. Giles said he didn’t know.
Legal challenges
What we know:
Attorneys for Abrego Garcia allege in court documents that he was beaten and psychologically tortured while held in the prison. El Salvador President Nayib Bukele has denied the claims.
READ MORE: US will try to deport Kilmar Abrego Garcia before trial, DOJ attorney says
Rand questioned Giles about if Abrego Garcia would be removed without any notice. Giles said no.
Giles testified that individuals could express fear of deportation, which could prompt a review process. He said he assumed the expression of fear must happen immediately, potentially within minutes.
If the individual expresses fear before the plane departs, they may still receive an interview, Giles said. A finding of credible fear would refer the case to an immigration judge for a final decision.
Xinis raised the possibility of a 48-hour pause in the deportation process of Abrego Garcia but reached no agreement. Simon Sandoval-Moshenberg, another attorney for Abrego Garcia, later told reporters that the government declined to support the pause.
Abrego Garcia has pleaded not guilty to human smuggling charges. A federal judge in Nashville determined he was neither a flight risk nor a danger but agreed to delay his release due to the defense team’s deportation concerns.
READ MORE: Kilmar Abrego Garcia’s release order blocked by Trump administration
Supreme Court orders Trump administration to facilitate return of deported Maryland man Kilmar Abrego Garcia
His attorneys are now asking the Nashville judge to postpone his release until a July 16 hearing, when prosecutors plan to seek to revoke the release order while he awaits trial.
The Trump administration violated a 2019 U.S. immigration judge’s order when it deported Kilmar Abrego Garcia to El Salvador in March, according to court filings. That order shielded him based on findings that he was likely to face persecution from gangs that had terrorized him and his family.
READ MORE: Kilmar Abrego Garcia returned to US to face criminal charges, says DOJ
Abrego Garcia’s wife has filed a lawsuit over the deportation and seeking to block any future removal. The case is being heard by Xinis in Maryland. Abrego Garcia had lived and worked in the state for more than a decade, employed in construction and raising a family, prior to his deportation.
The administration claimed that it deported Abrego Garcia due to alleged ties to the MS-13 gang, although Abrego Garcia wasn’t charged and has repeatedly denied the allegation.
The Source: Information in this article comes from The Associated Press and previous FOX 5 reporting.