DOJ’s request to pause Kilmar Abrego Garcia’s immigration case denied by Maryland judge

A federal judge in Maryland on Monday denied the Justice Department’s request to pause Kilmar Abrego Garcia’s immigration case due to the government shutdown.

Abrego Garcia, a Salvadoran national, was mistakenly deported to his home country in March before being returned to the United States to face federal human smuggling charges.

The judge on Monday also called for an evidentiary hearing to be held on Friday, asking government lawyers to present evidence of Immigration and Customs Enforcement’s planned removal of Abrego Garcia to the African country of Eswatini.

At the next hearing, Abrego Garcia’s attorneys said they will request his immediate release.

“The just and proper outcome would be that he’s allowed to live with his family, with his children right here in Maryland,” said attorney Simon Sandoval-Moshenberg.

The attorney said Abrego Garcia is willing to accept a removal to Costa Rica after the country offered assurance that he would not be sent back to his home country of El Salvador.

“The decision to try to send Mr. Abrego Garcia across the Atlantic Ocean to a seemingly random African country when he’s already received an offer of refugee status in Costa Rica is purely punitive,” Sandoval-Moshenberg said. “His detention is completely impermissible. The only lawful purpose for ICE to detain someone is to carry out their removal. Here, there is no removal to be carried out.”

According to Sandoval-Moshenberg, there are strict conditions for Abrego Garcia’s release from a Tennessee prison as he awaits his criminal trial.

“They cannot use ICE detention to hold him over until trial when the criminal court already prohibited that,” Sandoval-Moshenberg said.

During the Monday court proceedings, the federal judge grew frustrated with the evidence and answers government prosecutors provided concerning Abrego Garcia’s move.

The hearing comes after a federal Tennessee judge said Friday he believes the criminal charges against Abrego Garcia may have been “vindictive.”

Ahead of the hearing Monday, a crowd of supporters, faith leaders, community members and the immigration advocacy group CASA rallied and called for justice in Abrego Garcia’s case.

Their message was that Abrego Garcia’s case is not just about one person, but about upholding everyone’s rights under the Constitution.

“Through your fight and demand for the liberation of all who are detained, justice will prevail,” said Lydia Walther-Rodriguez, the chief of organizing and leadership at CASA.

Walther-Rodriguez said the organization is also demanding justice for the principles that define democracy.

“The principles that include due process, fairness and the right to defend yourself if you are being accused,” she said.

CASA said it wants Abrego Garcia to be allowed to stay with his family as he awaits his criminal trial, which is scheduled for January.

WJZ is a media partner of The Baltimore Banner.