U.S. Immigration and Customs Enforcement (ICE) has informed federal officials that Kilmar Abrego Garcia, a Salvadoran national and Maryland resident, will be moved to a third country following recent legal rulings, according to Politico.
Abrego Garcia, 29, has been detained in Tennessee since early June after being mistakenly deported to El Salvador in March—despite a 2019 court order preventing his removal due to credible gang-related threats. He pleaded not guilty to human smuggling charges stemming from a 2022 traffic stop.
A U.S. magistrate judge authorized his release pending trial but the decision was delayed amid concerns ICE would immediately detain him again on immigration grounds. Homeland Security has since clarified that he “will never be free on American soil” and plans to transfer him to another country, such as South Sudan, rather than El Salvador.
Defense attorneys argue ICE must coordinate with the Department of Justice to ensure Abrego Garcia remains in U.S. custody to face trial, noting the conflicting imperatives of criminal proceedings and deportation protocols.
His case has sparked controversy and criticism of the Trump administration’s handling of immigration enforcement. A federal appellate panel recently scolded the administration’s defiance of court orders, citing violations of due process and judicial authority.
An evidentiary hearing on the matter is scheduled for July 16, where the court will decide if ICE must honor the magistrate’s release order or proceed with deportation to a third country
