A federal judge overseeing the deportation proceedings of Kilmar Abrego Garcia has canceled a hearing scheduled for Tuesday afternoon. The decision comes as the Trump administration persists in its efforts to deport the Salvadoran national to a third country.
Garcia, a native of El Salvador who resides in Maryland with his wife and children, was returned to the United States after being wrongfully deported to a high-security prison in his home country. He had been residing in the U.S. at the time of his removal.
In March 2025, federal authorities deported Garcia to El Salvador’s CECOT mega-prison, disregarding a 2019 court order that had prohibited his removal to that nation due to fears of persecution. Officials justified the action by alleging Garcia was a member of the MS-13 criminal gang, a charge he denies.
Following a Supreme Court ruling that mandated his return to the U.S., Garcia was brought back last June to face human smuggling charges in Tennessee. U.S. District Judge Paula Xinis subsequently released him from ICE custody while he awaited trial. In May, a federal judge dismissed the criminal indictment, ruling that the government’s investigation was compromised by vindictive motives.
Despite the dismissal of criminal charges, the Trump administration has continued to pursue his removal in civil proceedings. Government filings have suggested Eswatini, Liberia, and Uganda as potential destinations. Garcia’s legal team has argued against these options, stating in a July filing that forcing him to an African nation with which he has no ties constitutes a punitive retaliation for exercising his constitutional rights.
Attorneys noted that Garcia has designated Costa Rica as his preferred destination. Costa Rican officials previously indicated they would grant him refugee status and a pathway to residency. His lawyers contended that the government’s refusal to honor this designation is unconstitutional.
This case highlights the terrifying reality of how easily legal protections can be circumvented by persistent administrative pressure.
Costa Rica was willing to help, but the government is refusing? That sounds completely unconstitutional and vindictive.
Wait, so criminal charges were dismissed but they are still trying to deport him? The civil system seems being used as a loophole here.
It is deeply disturbing that he faces removal to a random African country despite no ties there. This feels like pure retaliation.