Latest news with #Xinis
Japan Today
11-07-2025
- Politics
- Japan Today
Judge scolds Justice Department for 'refusal' to detail deportation plans for Kilmar Abrego Garcia
Supporters of Kilmar Abrego Garcia rally outside of the U.S. District Court in Greenbelt, Md., where a hearing was scheduled to be held on returning him to Maryland, Monday, July 7, 2025. (AP Photo/Mark Schiefelbein) 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.
Winnipeg Free Press
11-07-2025
- Politics
- Winnipeg Free Press
Judge scolds Justice Department for ‘refusal' to detail deportation plans for Kilmar Abrego Garcia
GREENBELT, Md. (AP) — 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. ___
San Francisco Chronicle
11-07-2025
- Politics
- San Francisco Chronicle
Judge scolds Justice Department for 'refusal' to detail deportation plans for Kilmar Abrego Garcia
GREENBELT, Md. (AP) — 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.' ___
The Hill
11-07-2025
- Politics
- The Hill
Judge leans toward limiting Abrego Garcia deportation
A federal judge seemed inclined to limit the Trump administration from again swiftly deporting Kilmar Abrego Garcia, who was previously mistakenly removed to El Salvador. U.S. District Judge Paula Xinis at a Friday hearing expressed concern that Abrego Garcia would be almost immediately deported if he is released on his criminal charges in Tennessee and transferred to immigration custody, which could occur as soon as Wednesday. 'You have taken the presumption of regularity and you have destroyed it, in my view,' Xinis told the government. Abrego Garcia's lawyers asked that Xinis order the government to provide their client will at least 72-hours' notice before removing him and physically return him to Maryland while any removal proceedings unfold. Xinis, an appointee of former President Obama, said she'll issue her order as 'narrowly as I can' and at times floated ordering 48-hours' notice. After spending weeks at a Salvadoran megaprison, Abrego Garcia was returned to the United States last month as the government unsealed a human smuggling indictment against him. The charges accuse Abrego Garcia, who pleaded not guilty, of being part of MS-13 and transporting people in the country illegally on dozens of trips. A separate judge in Tennessee could order his pre-trial release following a hearing slated for Wednesday. Xinis said she will issue her decision after 'not long' and before Wednesday's hearing. As he faces the prospect of returning to immigration custody, Abrego Garcia remains protected from deportation to El Salvador under a 2019 ruling. The administration indicated it may try to lift it or attempt to quickly remove him to another country where he has no ties, known as a third country removal. Xinis had ordered the government to produce a witness with knowledge of what would happen. The government chose Thomas Giles, a senior Immigration and Customs Enforcement (ICE) official who helps manage the agency's 25 field offices. Across several hours of testimony Thursday afternoon, he said no decisions would be made until Abrego Garcia is actually in immigration custody, but Giles said he had not been involved in his case until this week. Back in court Friday morning, Xinis called his testimony 'fairly stunning.' She castigated him for not calling the field office that would oversee Abrego Garcia upon transfer, saying it 'insults my intelligence.' 'He didn't call anyone, he didn't look at anything,' Xinis said. 'He learned about the case and Mr. Abrego's situation the same way did the plaintiffs did: from the news. That is plainly insufficient to tell me what's going to happen,' she continued. Justice Department attorney Sarmad Khojasteh insisted the judge's intervention was improper, arguing she has no jurisdiction. Khojasteh said Abrego Garcia's deportation would be handled by an ICE docket officer like a garden variety case. Khojasteh said intervening requires going 'six layers deep in speculation.' The judge and Khojasteh repeatedly sparred during the hearing, with Xinis saying it 'defies reality' that it would be left to the docket officer. Summing up the case, Xinis said the only word she could think of is 'snowflake.' 'But that's not really fair. Snowflakes are pretty and light,' the judge quipped.
Boston Globe
10-07-2025
- Boston Globe
Judge will consider Kilmar Abrego Garcia's request to try to avoid deportation before his trial
Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up But federal prosecutor Jonathan Guynn told U.S. District Judge Paula Xinis in Maryland on Monday that the government Advertisement That is why Abrego Garcia's lawyers have asked Xinis to order the U.S. government to bring him to Maryland to await his trial. Abrego Garcia lived and worked in the state for more than a decade before he was deported. The construction worker's American wife and children live in Maryland, as does his brother, who is now a U.S. citizen. Abrego Garcia's lawyers say the smuggling charges Advertisement Abrego Garcia A federal judge in Nashville, Tennessee, was preparing to release Abrego Garcia, determining he was not a flight risk or a danger. But the judge has Abrego Garcia's lawyers have asked that judge to delay his release until a July 16 court hearing in Nashville to consider a request by prosecutors to revoke Abrego Garcia's release order while he awaits trial. Meanwhile, Abrego Garcia's wife Xinis has scheduled Thursday's 1 p.m. EDT hearing in Greenbelt to discuss the proposal by Abrego Garcia's lawyers to order the U.S. government to bring him to Maryland to await trial. Guynn, the Justice Department attorney, When the administration deported Abrego Garcia in March, it violated a U.S. Advertisement The Abrego Garcia was sent to a
