Protesters confront federal prosecutors outside Kilmar Abrego Garcia hearing in Maryland
Demonstrators clashed with federal prosecutors outside federal court in Maryland Friday over the high-profile Kilmar Abrego Garcia immigration case.
It came as Judge Paula Xinis considers an emergency motion to order Abrego Garcia back to Maryland because of his lawyers' fears that he could be deported again, without due process being observed.
On Friday afternoon, Xinis wrapped up a hearing that stretched more than eight hours over two days.
The judge said she would make a ruling "soon" and promised it would happen before Wednesday, when Abrego Garcia is likely to be released in Tennessee, where he faces human smuggling charges.
Maryland courthouse confrontation
Protesters interrupted Abrego Garcia's attorney during his news conference after the hearing to confront government lawyers over their handling of Abrego Garcia's case.
They shouted "shame" and "following orders is not an excuse" at the attorneys representing the Trump Administration.
"Have you no soul? Have you no humanity?" the protesters yelled as the lawyers got into waiting vehicles without comment.
Fiery exchanges during Abrego Garcia hearing
There were also noisy exchanges inside the courthouse as Judge Xinis expressed frustration with prosecutors for what she said was the lack of information about the government's intentions for Abrego Garcia if he is released in Tennessee.
"I just want to know what you're going to do with Mr. Abrego Garcia," Xinis said pointedly.
The government has insisted that they have no pre-determined plans for Garcia. However, prosecutors did acknowledge a plan to transfer him to ICE custody if and when he is released next week.
"I'm not here to answer your questions in this case, you're here to answer mine," Xinis told prosecutors.
She said they have "destroyed the presumption of regularity. I can't presume anything is regular in this irregular case."
Xinis floated the idea of ordering a 48-hour hold for Abrego Garcia before the government can deport him to a third country. Abrego Garcia's attorneys have asked for 72 hours "at a bare minimum."
Prosecutors insisted Abrego Garcia has been treated no differently than anyone else and believe Judge Xinis lacks jurisdiction in this case.
Xinis said she is "deeply concerned if there is not some restraint on you [the government] Mr. Abrego will be on a plane to another country with no notice to his lawyers because that's what you've done before."
Request to bring Abrego Garcia back to Maryland
Abrego Garcia's lawyers want him brought back to Maryland to be closer to his family.
He was arrested in March in Prince George's County after he left his sheet metal job in Baltimore. He picked up his child, who was in the vehicle with him at the time of the arrest.
Abrego Garcia had been living in the United States illegally for several years.
Judge Xinis said the March arrest was illegal and noted the government deported him to El Salvador despite being prohibited from doing so by an immigration judge who found he faced danger from a gang there.
The Trump Administration claimed Abrego Garcia was an MS-13 gang leader, but Xinis found they lacked proof.
The government maintains he is "dangerous" and said that because they already brought him back to the United States, the Maryland case should be thrown out.
"[Judge Xinis] stated on multiple occasions that the original arrest happened without a warrant, happened without any legal basis, and that took place in the state of Maryland, and so, our contention is that putting him back in his original position before the violation of law means bringing him back to the state of Maryland," said Simon Sandoval-Moshenberg, one of Kilmar Abrego Garcia's lawyers.
Deportation to South Sudan or Mexico?
While the Trump administration has not said where they may deport Abrego Garcia, the government's witness at the hearing, a top ICE manager, suggested Mexico and South Sudan are being considered as potential destinations.
Abrego Garcia's legal team referenced a State Department "do not travel" advisory for South Sudan and called the prospect of their client being sent to that country "terrifying."
"It's unclear whether he would be at liberty in that country or whether he would be incarcerated, and it's unclear whether he would be allowed to remain in any such country or whether that country would simply really deport him onto El Salvador, his country of citizenship," Sandoval-Moshenberg said.
Judge Xinis told both sides that whatever ruling she will make will be narrow, applying only to Abrego Garcia's specific case.
"I'm not buying that the government does not know what will happen to Abrego Garcia," Xinis said. "You're making the plaintiffs' point. The point is the utter refusal of your clients to engage in what is going to happen on Wednesday."
