Lawyers Request Notice Before Deportation

Kilmar Abrego Garcia's legal counsel implored a judge on Friday to mandate a 72-hour advance notice prior to any deportation actions, in case he is granted release on bond from his detention in Tennessee.

During the third day of court proceedings in Maryland concerning the government's handling of the Maryland resident's potential deportation, U.S. District Judge Paula Xinis strongly criticized the government's lack of clarity regarding due process steps for Garcia if he is transferred to ICE detention upon release.

"We're simply seeking a 72-hour window," stated Garcia's attorney, "to ensure my client can appeal to the appropriate judicial body before potentially being sent to an unspecified country where he may face torture or persecution, breaching a court directive. That's our sole request."

Judicial Deliberations and Deportation Concerns

Though the judge reserved her decision, she assured it would be forthcoming. Garcia, originally from El Salvador, faced possible deportation to El Salvador's CECOT mega-prison despite a 2019 injunction against it because of persecution fears, stemming from allegations of his gang affiliation, which he contests.

Recently, Garcia was transported to Tennessee to respond to charges related to allegedly assisting in the transportation of undocumented migrants, charges to which he has pleaded not guilty.

Complications in Detention and Deportation

Government attorneys suggested that if Garcia is released, he may be relocated, while his legal representatives argue for his transfer back to Maryland to await trial.

Judge Xinis noted the argument about Maryland's lack of an ICE detention facility but suggested restoring Garcia to Maryland, asserting it as the initial jurisdiction of arrest, though the government maintains his removal proceedings originated in Texas.

Judge Xinis expressed skepticism about the status quo, acknowledging opposing views with the government but emphasized her opinion's precedence.

Concerns Over Government Accountability

The judge criticized ICE official Thomas Giles for not providing comprehensive government plans for Garcia's deportation. She highlighted the irregularities throughout the proceedings, questioning the procedural integrity after the government failed to produce essential documents at a previous hearing.

While the document surfaced later, Judge Xinis expressed concern over the lack of detailed strategic planning considering the unique circumstances of Garcia's wrongful deportation history.

Government lawyers have yet to finalize a decision about Garcia's potential deportation to a third country or revisiting deportation to El Salvador; this decision will come from a case officer once Garcia is in ICE custody.

Judicial Skepticism and Government Procedure

Responding to these deliberations, Judge Xinis was wary of the inclination towards ad-hoc procedural decisions and further emphasized the critical need for transparency and accountability given the case's complexities.

Discrepancies in Removal Policies

Judge Xinis pressed the government about contradictions in its deportation policies, citing differences between a March memorandum and a recent advisory from ICE, which implied possible deportation without contest based on fear-based claims.

A government official maintained that the policies were consistent and assured that, under the third-country removal scenario, Garcia would receive written prior notification and opportunities to contest the deportation.