GREENBELT, Md. (AP) — U.S. government attorneys say they have cleared all the hurdles needed to send Kilmar Abrego Garcia to Liberia and are asking a federal judge to dissolve an order blocking his deportation.
Abrego Garcia’s mistaken deportation to his home country of El Salvador earlier this year has helped galvanize opposition to President Donald Trump’s immigration policies. His attorneys claim the administration is now manipulating the immigration system in order to punish him for successfully challenging that deportation.
A motion from the government filed in U.S. District Court in Maryland late on Friday says officials have received assurances from Liberia that Abrego Garcia would not face persecution or torture there. Furthermore, it states that an immigration officer heard Abrego Garcia’s claims that he feared deportation to the West African nation, but ultimately ruled against him.
His attorneys argue in a separate Friday filing that Abrego Garcia has already designated Costa Rica as a country where he is willing to be deported. They claim the government now must send him there. The fact that officials continue to pursue deportation to other countries suggests that the process is retaliatory and violates due process protections, they argue.
Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally from El Salvador as a teenager. In 2019, an immigration judge granted him protection from being deported back to his home country, finding he faced significant danger there. However, in March, he was deported to El Salvador in what a government attorney later described as an administrative error. Under pressure from the courts, the administration brought him back to the U.S. in June but has since pursued his deportation to a third country.
Much of Abrego Garcia’s argument against his deportation to Liberia hinges on due process claims. The government argues that his due process rights are not equivalent to those of U.S. citizens and assert that since he entered the country illegally, he should be treated similarly to anyone who recently crossed the border.
His attorneys contest this claim, stating that "'aliens who have established connections in this country' have greater due process rights than 'an alien at the threshold of initial entry,'" citing a 2020 U.S. Supreme Court case.
In addition, his attorneys assert that he should have the right to have an immigration judge review the determination that he is unlikely to face persecution or torture in Liberia. They emphasize that the officer overlooked the risk of Liberia re-deporting him back to El Salvador. Furthermore, the agreement with Liberia reportedly allows for only temporary acceptance of Abrego Garcia.
Government attorneys argue that the court should not question the Secretary of State's assurances regarding Liberia, as this would infringe upon the executive branch's diplomatic authority. They maintain that, "This Court should therefore dissolve its preliminary injunction and permit Petitioner to be removed to Liberia."
Separately, Abrego Garcia faces human smuggling charges in federal court in Tennessee. He has pleaded not guilty and requested that the judge dismiss the case, alleging it stems from “selective or vindictive prosecution.” A hearing on that motion is set for December 8.
