Judge scolds Justice Department for 'refusal' to detail deportation plans for Kilmar Abrego Garcia
By LEA SKENE and BEN FINLEY
A federal judge in Maryland scolded the Trump administration on Friday for its 'utter refusal' to detail its deportation plans for Kilmar Abrego Garcia, including where the government plans to send him and whether he'll get a chance to fight his expulsion before he's whisked away.
The Salvadoran national could be released from a Tennessee jail as soon as next Wednesday to await trial on human smuggling charges. U.S. immigration officials have said they would immediately detain him and begin deportation proceedings.
'I'm deeply concerned that if there's not some restraint on you, Mr. Abrego will be on another plane to another country,' U.S. District Judge Paula Xinis told Justice Department lawyers on Friday.
Abrego Garcia became a flashpoint over Republican President Donald Trump's immigration policies when he was wrongfully deported to his native El Salvador in March. That expulsion violated a U.S. immigration judge's order in 2019 that shields Abrego Garcia from deportation to El Salvador because he likely faces threats of gang violence there.
The administration claimed that Abrego Garcia was in the MS-13 gang, although he wasn't charged and has repeatedly denied the allegation. Facing mounting pressure and a U.S. Supreme Court order, the Trump administration returned Abrego Garcia to the U.S. last month to face the smuggling charges, which his attorneys have called 'preposterous.'
The administration argues now that Abrego Garcia is a danger to the community and can be deported before his trial to a country other than El Salvador.
Abrego Garcia's attorneys have asked Xinis to order the government to send him to Maryland if he's released in Tennessee, a request that aims to prevent his expulsion before trial.
In court on Friday, Abrego Garcia's attorneys asked for at least a 72-hour hold that would prevent immediate deportation. Attorney Andrew Rossman called it the 'critical bottom-line protection' needed to prevent a potentially egregious violation of due process rights.
Xinis didn't rule from the bench Friday, but said she'll issue an order before a federal judge in Tennessee holds a hearing on Wednesday to discuss Abrego Garcia's release.
The smuggling case stems from a 2022 traffic stop for speeding, during Abrego Garcia was driving a vehicle with nine passengers without any luggage. Police in Tennessee suspected human smuggling, but he was allowed to drive on.
Abrego Garcia lived and worked in Maryland for more than a decade, working construction and raising a family. His American wife is suing the administration over his wrongful deportation in Xinis's court in Maryland.
Given the history of the case, Xinis raised concerns on Friday that the government will take action without properly informing Abrego Garcia and his attorneys until it's too late.
'The point is the utter refusal of your clients to engage in any conversation about what's going to happen on Wednesday despite the extraordinary facts of this case,' Xinis told Justice Department attorneys.
Thomas Giles, an assistant director for U.S. Immigrations and Customs Enforcement, testified previously that Mexico or South Sudan may be willing to accept Abrego Garcia. But he said the Trump administration hasn't decided on anything yet.
Xinis on Friday criticized Giles' testimony, describing it as garden variety information that lacked specifics. She also expressed concern that Abrego Garcia could be deported to a nation that would just send him back to his native country.
Sarmad Khojasteh, a Justice Department attorney, declined to discuss in detail what could happen. But he said one possibility is the initiation of deportation proceedings to a third country. Another is revisiting the immigration judge's 2019 order that shielded Abrego Garcia from deportation to El Salvador.
When Abrego Garcia was mistakenly deported, he was first held in a notorious megaprison. Abrego Garcia's lawyers recently alleged in court documents that he was beaten and subjected to psychological torture. El Salvador President Nayib Bukele denied the allegations.
Regarding deportation to a 'third country,' Khojasteh told the judge that people are first told what country they're being sent to, then allowed to express fear of going there. If the fear is deemed credible, the person gets a hearing before an immigration judge.
Khojasteh declined to discuss what happens after that, calling the line of questioning 'like six layers deep in speculation.'
'These things haven't happened yet,' he said. 'The controversy's not ripe.'
He said Abrego Garcia would be treated like any other immigrant under the circumstances.
But Xinis sharply rejected that notion. She said the case has already received so much attention that she can't imagine it will be subject to a routine decision-making process among immigration officials.
© Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Nikkei Asia
2 hours ago
- Nikkei Asia
Japan releases outline of US tariff deal, will review hydrogen-car subsidy
A Toyota Mirai fuel cell vehicle. Washington had called for changes to Japan's support for hydrogen- and battery-powered cars. © Reuters JUN YAMAZAKI TOKYO -- Japan on Friday released a document describing its understanding of the tariff deal reached with the Trump administration, which includes policy changes that will open up its market to U.S. cars but lacks exact figures claimed by Washington. As a part of the agreement, Japan will review a purchase subsidy that favors fuel cell vehicles over battery-powered electric vehicles, and it will accept American passenger vehicles that meet safety criteria without additional testing.
Nikkei Asia
2 hours ago
- Nikkei Asia
Japan releases outline of US tariff deal, will review clean-car subsidy
A Toyota Mirai fuel cell vehicle. Washington had called for changes to Japan's support for hydrogen- and battery-powered cars. © Reuters JUN YAMAZAKI TOKYO -- Japan on Friday released a document describing its understanding of the tariff deal reached with the Trump administration, which includes policy changes that will open up its market to U.S. cars but lacks exact figures claimed by Washington. As a part of the agreement, Japan will review a purchase subsidy that favors fuel cell vehicles over battery-powered electric vehicles, and it will accept American passenger vehicles that meet safety criteria without additional testing.
The Diplomat
4 hours ago
- The Diplomat
International Labor Standards: The Missing Link in China-US Trade Negotiations
The China-U.S. trade war is often reduced to a dispute over cheap exports, but the real fault line runs deeper. China has built a powerful industrial strategy on the backs of low-cost labor and state-backed incentives, successfully attracting advanced multinationals and bringing their technology and supply chain resources into the country. While the United States outsourced its basic manufacturing, China turned so-called 'low-end' jobs into a launchpad for dominating high-value industries. This strategy has worked. BYD, once a low-tier battery maker, is now a top global electric vehicle manufacturer, beating Tesla in worldwide EV sales. Apple, for its part, poured billions into China – not just in assembly lines, but in R&D. As journalist Peter McGee documented in 'Apple and the Transformation of Chinese Manufacturing,' Apple's strict quality and engineering standards forced Chinese suppliers to level up. What began as low-cost outsourcing became a sophisticated, self-reinforcing innovation engine. This has become a key driver of innovation and global competitiveness in China's manufacturing sector. As the Chinese government aligned its labor policies with the profit motives of U.S. corporations, Washington debated tariffs. All this while, companies continue to rely on China's cheap labor to meet shareholder demands. China, in turn, gained leverage: any disruption to this arrangement would threaten the survival of many global brands. This entanglement has become so tight that it indirectly but powerfully shapes U.S. policy toward China, through the commercial interests and logistical dependence of American companies operating in China. But there's a darker cost buried in the foundations of this success. For over two decades, China Labor Watch has uncovered systemic labor issues in the supply chains of major U.S. and global brands operating in China. These are not isolated incidents, but are structural features of a model that exploits rural migrant workers, tolerates weak enforcement of labor laws, and prohibits independent unions. Global companies continue to profit from it. This exploitation does not just serve short-term commercial interests. It underpins China's ambitious vision of the 'great rejuvenation of the Chinese nation' and advancing its global hegemonic strategy of technological dominance and leadership. Even as parts of manufacturing move to Southeast Asia, those operations remain closely tethered to Chinese supply chains. The low-cost advantage remains China's unshakable core. If the U.S. wants to reduce its dependency and rebalance trade on fairer terms, it cannot ignore the labor question. It must confront China's labor governance head-on – even if doing so challenges American business interests in the short term. The Chinese government, for all its claims in its Constitution and the Communist Party's charter that China is a 'socialist state' that is 'led by the working class,' has built its economic ascent on the backs of exploited workers. While it publicly touts its commitment to workers' well-being, it has never admitted to the systemic nature of labor violations. Instead, the party-state continues to sidestep the issue through an official narrative of 'striving for workers' well-being,' and blame is deflected to multinational corporations. Many Chinese citizens, including some government officials, genuinely believe that the CCP's system can improve workers' lives. The structural roots of labor exploitation, inherent in the party's governance and economic model, are obscured. Labor rights activism thus becomes a sore subject for the government. To them, it is not just about a call for better wages or working conditions, but a direct challenge to the CCP's self-image. It exposes the ideological gulf between its promises and the lived experience of Chinese workers. If party leaders deny the existence of labor exploitation, they are telling an outright lie that will anger many workers; if they address the issue, it legitimizes that reality is at odds with the CCP's charter. This is precisely why labor advocates are treated with suspicion and often repression – but also some degree of caution. During the 2015 '709 Crackdown,' China jailed dozens of human rights lawyers, but took a softer approach with labor activists, quietly releasing them or assigning them jobs after detention to avoid international attention further escalating the issue. The goal was clear: to suppress attention and not provoke an international firestorm. A similar pattern played out in 2025, when Brazil sued BYD for alleged forced labor. Instead of lashing out at international critics, as it often does in response to human rights issues, China responded discreetly and promised an investigation. These examples reflect the nuance and sensitivity that the government applies to labor issues, as compared to human rights issues that it often rebuts. This different approach underscores the potential for labor issues to compel government action and, in turn, how international labor standards can be used as a tool for change. In other words, for the Chinese government, labor conditions resonate where abstract human rights appeals do not. From factory workers to office employees, the majority of China's workforce faces long hours, low wages, and little social protection. Labor violations aren't theoretical; they are everyday realities that could fuel domestic pressure and policy reform if exposed. Tools to address these problems already exist. In the United States, the Uyghur Forced Labor Prevention Act (UFLPA) and Section 307 of the Tariff Act have led to meaningful enforcement actions, even if many Uyghur workers are rarely found in primary factories supplying to the U.S. In the future, as additions to the UFLPA entity list are expected to slow, U.S. enforcement could shift toward broader supply chain interventions through the Withhold Release Orders (WROs), further expanding to address forced labor issues in supply chains, using enforcement to promote fairer labor standards. Yet despite the tools at Washington's disposal, labor concerns remain sidelined in mainstream trade discussions, drowned out by debates over tariffs, trade deficits, and subsidies. These traditional tools have struggled to move the needle on Chinese economic policy, which is largely built upon China's persistent low labor cost advantage. Labor, by contrast, is a pressure point the Chinese government is less prepared to resist, precisely because it implicates both the CCP's legitimacy and its economic model. Labor issues directly affect the immediate interests of the Chinese people, which concerns the government, and international labor standards can thus serve as an effective mechanism to expose the deeply rooted structural flaws in China's governance model. This is the moment for the United States and its allies in Europe to unite around labor standards as a strategic pillar of trade policy. As China-EU tensions continue to simmer, a coordinated, transatlantic approach, through shared standards, trade mechanisms, and enforcement frameworks, could significantly increase leverage over China's labor practices. This strategy not only advances sustainable global supply chains but also balances immediate commercial interests with long-term labor equity, benefiting workers in both the United States and China. Yes, there will be obstacles: political division among allies, corporate resistance, and China's likely counterattacks. But the stakes are too high to ignore. Fair labor standards not only strengthen global supply chains; they offer a pathway to a more just global economy, one where competitiveness does not rely on exploitation. Reshaping the rules of global trade will require more than rhetoric. It will require placing workers – American, Chinese, and others – at the center of policy. And that begins with recognizing that labor is not a side issue. It is the issue.
