Federal Judge to Review Government Bid to Deport Kilmar Abrego Garcia to Liberia
A federal judge will hear arguments on the Trump administration's attempt to deport Kilmar Abrego Garcia to Liberia following a previous wrongful removal.
POLICY WIRE — Washington, USA — A federal judge is set to hear arguments on Tuesday regarding the Trump administration’s latest attempt to deport Kilmar Abrego Garcia, a Salvadoran national who was previously removed from the United States in error. Legal counsel for Abrego Garcia is petitioning the court to prevent his transfer to Liberia, the most recent nation targeted by the government for his removal.
Abrego Garcia, a former Maryland resident, was mistakenly sent to El Salvador in March 2025. This action violated a 2019 judicial order intended to protect him from potential gang violence. Although the Trump administration alleged he was affiliated with MS-13, Abrego Garcia has consistently denied these claims.
Following his initial deportation, he was detained at the CECOT mega-prison in El Salvador before being returned to the U.S. in June 2025 to face human smuggling charges. However, a federal judge in Tennessee recently dismissed that criminal indictment, ruling that the Justice Department’s prosecution was vindictive. The government filed an appeal against that dismissal in August.
In March, the Trump administration requested that U.S. District Judge Paula Xinis dissolve the existing injunction that prevents the removal of Abrego Garcia. Government filings indicate that Liberia has expressed a willingness to accept him, and Immigration and Customs Enforcement officials claim they could organize a charter flight to the West African nation within days.
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Abrego Garcia has formally requested to be sent to Costa Rica, noting that the country has signaled a willingness to grant him residency or refugee status. During a previous hearing, a Justice Department attorney stated that no formal discussions regarding a transfer to Costa Rica had taken place. The administration has also unsuccessfully attempted to deport him to Uganda, Eswatini, and Ghana.
In recent court filings, defense attorneys argued that the government is attempting to abuse its immigration authority as a form of retaliation for their client’s legal challenges. They stated that the administration is trying to abuse its immigration powers to punish him because their client had the audacity to challenge his removal to El Salvador. The defense further noted that if the government truly wanted to remove Abrego Garcia from the United States, it would have sent him to Costa Rica in August 2025 when he designated it as his country of removal.
The Justice Department maintains that the court should reject the motions filed by Abrego Garcia, asserting that his claims fail as a matter of law. Abrego Garcia has remained out of ICE custody throughout the duration of these legal proceedings.
Reporting by Policy-Wire (PW)
