GREENBELT, Md. (AP) — A federal judge on Thursday will considerKilmar Abrego Garcia'srequestto be sent to Marylandto await trial on human smuggling charges, a bid aimed at preventing the Trump administrationfrom trying to deport himagain. Abrego Garcia could be releasedas soon as next weekfrom a jail in Tennessee. He is being held in connection with 2022 traffic stop for speeding in the state during which he was driving a vehicle with nine passengers without luggage. A U.S. Justice Department attorney has saidimmigrationofficials would detain Abrego Garcia andinitiate deportation proceedings, possibly denying him the chance to defend himself at trial. Abrego Garcia became a flashpoint over RepublicanPresident Donald Trump's immigration policies when the Salvadoran national waswrongfully deported to his native country in March. Facing mounting pressure anda U.S. Supreme Court order, the administrationreturned him last monthto face the smuggling charges. But federal prosecutor Jonathan Guynn told U.S. District Judge Paula Xinis in Maryland on Monday that the governmentplans to deportAbrego Garcia to a country other than El Salvador. That is why Abrego Garcia's lawyers have asked Xinis to order the U.S. government to bring him to Maryland to await his trial. Abrego Garcia lived and worked in the state for more than a decade before he was deported. The construction worker's American wife and children live in Maryland, as does his brother, who is now a U.S. citizen. Abrego Garcia's lawyers say the smuggling chargesare preposterousand an attempt by the administration to justify his erroneous deportation.They argue the administrationbrought Abrego Garcia back only "to convict him in the court of public opinion." Abrego Garciahas pleaded not guiltyto the smuggling charges. His lawyers have told a federal judge in Tennessee that some government witnesses cooperated to get favors regarding their immigration status or criminal charges they were facing. A federal judge in Nashville, Tennessee, was preparing to release Abrego Garcia, determining he was not a flight risk or a danger. But the judge hasagreed to keep Abrego Garcia behind barsat the request of his legal team over deportation concerns. Abrego Garcia's lawyers have asked that judge to delay his release until a July 16 court hearing in Nashville to consider a request by prosecutors to revoke Abrego Garcia's release order while he awaits trial. Meanwhile, Abrego Garcia's wifeis suing the administrationover his deportation in March to El Salvador and is trying to prevent him from being expelled again. Her lawsuit is being handled by Xinis, the judge in Maryland. Xinis has scheduled Thursday's 1 p.m. EDT hearing in Greenbelt to discuss the proposal by Abrego Garcia's lawyers to order the U.S. government to bring him to Maryland to await trial. Guynn, the Justice Department attorney,told Xinis Mondaythat she did not have the jurisdiction to decide where Abrego Garcia would be detained.Xinisresponded by asking why she could not order an "interim step" to ensure that Abrego Garcia isn't "spirited away again." When the administration deported Abrego Garcia in March, it violated a U.S.immigration judge's orderin 2019 that shielded Abrego Garcia from being sent to his native country. The immigration judge had determined that Abrego Garcia likely faced persecution by local gangs that had terrorized him and his family. Theadministration claimedthat it deported Abrego Garcia because was in the MS-13 gang, although Abrego Garcia wasn't charged and has repeatedly denied the allegation. Abrego Garcia was sent to anotorious megaprison in El Salvador, where hesays he was beatenand subjected to psychological torture. El Salvador President Nayib Bukele hasdenied the allegations.
