In a dramatic federal court hearing on Thursday, a senior U.S. Immigration and Customs Enforcement (ICE) official admitted that the agency still has no plan for where to deport Kilmar Abrego Garcia just days before he could be released from custody.
The shocking revelation came under oath from Thomas Giles, the ICE executive overseeing all 25 of the agency’s field offices across the country. “No decision has been made,” Giles told U.S. District Judge Paula Xinis. “We don’t work cases not in ICE custody preemptively because our docket officers are worried about the cases they have now.”
Abrego Garcia was mistakenly deported to El Salvador in March despite being legally protected from removal due to past gang threats to his family’s pupusa business. He was brought back to the United States last month, only to be detained again, this time on human smuggling charges. With his possible release looming as early as next Wednesday, his attorneys are now scrambling to prevent a repeat deportation disaster.
Frustrated with the government’s vague answers, Judge Xinis, an Obama appointee, had demanded ICE send someone who could explain the agency’s plans. But even after hours of testimony, Giles offered few specifics. While ICE has placed a detainer to take custody of Abrego Garcia if he’s released from the Tennessee jail where he’s held, Giles confirmed that ICE still hasn’t decided on the next steps.
“We don’t have the resources to preemptively plan for detainees who aren’t yet in ICE custody,” Giles said, drawing concern from legal observers who questioned the agency’s preparedness and accountability.
The administration is reportedly considering two possible paths: lifting the 2019 immigration court order that barred his deportation to El Salvador or finding an alternative country to send him. But for now, his future and possibly his safety remains in limbo.
Judge Xinis has not yet ruled on the motion to block Abrego Garcia’s deportation, as she is still hearing legal arguments. The hearing is scheduled to resume Friday morning.
Until then, one man’s fate hangs in the balance, with ICE officials admitting they still don’t know where he’ll go next.
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