GREENBELT, Md. (AP)—The U.S. government is moving forward with plans to deport Kilmar Abrego Garcia to Liberia, filing a request with a federal judge to lift an existing order that blocks his removal.
Complications in Abrego Garcia's case intensified following a mistaken deportation to El Salvador earlier this year, which has galvanized dissent against the Trump administration's immigration policies. His legal representatives claim that the current administration is retaliating against him for opposing that deportation.
A motion filed in the U.S. District Court in Maryland indicates that authorities received assurances from Liberia ensuring that Garcia would not face persecution or torture upon arrival. However, a past immigration official deemed his claims about fearing deportation to Liberia unsubstantiated.
Garcia's legal team insists that he has already agreed to be deported to Costa Rica instead, accusing the government of violating due process rights by pursuing deportation to a third country.
Abrego Garcia, whose American wife and child reside in Maryland, immigrated to the U.S. illegally from El Salvador during his teens. Despite being granted protection from deportation by an immigration judge in 2019, he was erroneously deported in March. After significant legal pressure, he was returned to the U.S. in June; however, the government continued to seek his deportation.
His legal arguments heavily rely on claims of due process violations, highlighting that he has deeper ties to the U.S. than an individual merely crossing the border. Garcia's attorneys reference a 2020 Supreme Court ruling that recognizes that individuals with established connections in the U.S. enjoy greater due process rights compared to those at the threshold of initial entry.
They also assert that he deserves a review by an immigration judge regarding the immigration officer's decision about his safety in Liberia, emphasizing that the decision should account for possibilities of subsequent deportation to El Salvador.
While government attorneys argue for lifting the injunction against Garcia’s deportation, they maintain that foreign relations and diplomatically assured safety cannot be second-guessed by the judiciary.
Additionally, Garcia faces human smuggling charges in Tennessee, which he claims are part of a selective prosecution aimed at punishing him. A hearing regarding his motion to dismiss these charges is scheduled for December 8.
