The Department of Justice (DOJ) is asking a federal court to lift its injunction and allow the deportation of Kilmar Abrego Garcia, a criminal illegal alien from El Salvador whom the corporate media effectively dubbed the “Maryland Man.”
President Donald Trump’s administration is now working to deport Garcia to Liberia, Africa, after he was returned to the United States from El Salvador earlier this year to face serious criminal charges, including human trafficking.
DOJ attorneys filed the petition on November 7 with the U.S. District Court in Maryland, arguing that federal immigration authorities have now completed a review of Garcia’s second asylum claim and determined there is no legal basis preventing his removal.
No Grounds to Block Deportation
According to the government’s motion, officials have obtained assurances from Liberia that Garcia will not face persecution or torture upon arrival.
DOJ lawyers argued that continuing to block the removal would improperly insert the judiciary into diplomatic decision-making.
“This Court should therefore dissolve its preliminary injunction and permit Petitioner to be removed to Liberia,” the motion states.
Immigration authorities denied Garcia’s newest asylum claim on October 1.
The DOJ says he listed fears of harm in 20 countries, but not Liberia, undermining his attorneys’ claims that he would face danger there.
A prior filing emphasized:
“Liberia is a thriving democracy and one of the United States’s closest partners on the African continent.”
The filing continues by noting the nation’s primary language is English.
Defense Claims ‘Vindictive Prosecution’ and Retaliation
Garcia’s lawyers filed their own motion the same day, accusing the administration of “vindictive and selective prosecution” after he previously won a temporary block on deportation.
They allege the government is insisting on sending him to Liberia, rather than Costa Rica, which offered to take him, unless he agrees to plead guilty to human trafficking charges in Tennessee.
His attorneys further argue that:
“‘Aliens who have established connections in this country’ have greater due process rights than ‘an alien at the threshold of initial entry,’” and insist an immigration judge should review the government’s finding that he is unlikely to face persecution in Liberia.
They also claim Liberia could eventually deport him to El Salvador, where he says he fears gang violence.
U.S. officials have accused Abrego Garcia of MS-13 affiliation, which he denies.
Controversial Case
Garcia illegally entered Maryland around 2011 and was deported to El Salvador on March 15.
He was later extradited back to the U.S. on June 6 to face criminal charges.
At the time, DHS Secretary Kristi Noem said:
“The deportations of Tren De Aragua to the El Salvadorian Terrorist Confinement Center sent a message to the world that America is no longer a safe haven for violent criminals.”
Upon reentry, Garcia was charged in Tennessee federal court with human smuggling.
He has pleaded not guilty and claimed the charges are retaliatory.
Garcia was released on bail on August 22, re-arrested three days later during a mandatory ICE check-in, and transferred between detention centers in Virginia and Pennsylvania.
After his reentry, he filed a new asylum claim, which was denied on October 1.
A Tennessee judge, Waverly Crenshaw, previously noted that the case had a “realistic likelihood” of being perceived as a vindictive prosecution.
A hearing on the motion is scheduled for December 8.
What Comes Next
The Board of Immigration Appeals still has jurisdiction to review the asylum denial, but the DOJ maintains that the injunction blocking deportation should be lifted immediately.
If the court agrees, Garcia could be removed to Liberia even while his legal challenges continue, setting up yet another high-profile immigration fight as the Trump administration continues aggressively targeting gang-affiliated illegal aliens and human smugglers.
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