Natali Fani-González, a Democrat who serves on the Montgomery County Council, speaks during a rally on Nov. 20, 2025 outside the U.S. District Court in Greenbelt, Maryland in support of Kilmar Abrego Garcia, who had a hearing in court. (Photo by William J. Ford/Maryland Matters)

GREENBELT, Md. — U.S. Immigration and Customs Enforcement officials detailed to a federal judge Thursday plans for the Trump administration to again remove the wrongly deported Kilmar Abrego Garcia, this time to the West African country of Liberia.

U.S. District of Maryland Judge Paula Xinis is considering whether to lift her order that barred Abrego Garcia, a longtime Maryland resident, from being removed from the United States. The case and its months of wrangling in courts in two states has generated huge publicity, both in Maryland and nationally, and has brought attention to the Trump administration’s immigration crackdown.

Separately, as the Trump administration tries to deport Abrego Garcia, the Justice Department is moving forward with criminal charges against him of human smuggling in Tennessee.

Xinis specially requested the Trump administration provide John Cantú to testify because he is a top official at ICE’s Enforcement and Removal Operations and previously submitted a declaration to the court regarding the State Department’s deliberation with Costa Rica’s government about accepting Abrego Garcia as a refugee. 

Abrego Garcia, whose deportation due to an “administrative error” cast a spotlight on President Donald Trump’s aggressive immigration crackdown, is challenging his detention on the grounds that the Trump administration is using his imprisonment as punishment rather than for the purpose of removal. He is currently detained at an ICE facility in Pennsylvania.

Abrego Garcia has agreed to be removed to Costa Rica, but the Trump administration last month argued before Xinis to allow him to be removed to Liberia. In August, Costa Rica’s government stated it would accept him as a refugee. 

As he challenges his removal to any country other than Costa Rica, Abrego Garcia has also pleaded not guilty to the criminal case in Nashville, which accuses him of the human trafficking of immigrants in an incident stemming from a 2022 traffic stop in Tennessee. 

Rally outside

Similar to previous hearings at the Greenbelt courthouse, the immigrant advocacy group CASA led a rally in support of Abrego Garcia. The event included a singing group called the Rapid Response Choir.

George Escobar, who will become CASA’s new executive director on Jan. 1, said it’s important for people to stand up against a “corrupt government” that seeks to take away immigrant rights, especially as the Trump administration tries to ship Abrego Garcia to various third countries.

“We want to make sure that we stand here united. We want to make sure that Kilmar (and) his family understands that we are by his side,” Escobar said. “We will not let this go silently into the night.”

Maryland Del. Gabriel Acevero, a Montgomery County Democrat who’s from Trinidad and Tobago, and who has a family background in Venezuela, said his state colleagues will be working on legislation to improve immigrant rights, such as ending the 287(g) program in the state.

Currently, about eight local enforcement agencies in the state have agreements with ICE that delegate certain immigration enforcement abilities to local police. But Acevero’s colleague, Del. Nicole Williams, a Prince George’s County Democrat, plans to reintroduce legislation to terminate all ICE agreements. Law enforcement agencies would have a year to do so.

After the rally ended, CASA leaders handed out green postcards for participants to write down words of support for Abrego Garcia.

Jacki Gilbert of Baltimore wrote on her postcard: “Dear Kilmar, We stand with you and your family. You are both a friend and a neighbor.”

“This impacts my community. My culture in Baltimore City. My economy there. You got to stand with your friends and neighbors. Respect them,” Gilbert said as she choked up and shed a tear.

Abrego Garcia has deportation protections that should have prevented his deportation to his home country of El Salvador, but earlier this year he was still removed to a brutal Salvadoran prison. 

Because of those protections granted by an immigration judge in 2019, the Trump administration must find a third country that is willing to accept Abrego Garcia and a country where he believes he will not face harm or persecution. 

The Trump administration so far has floated sending him to Liberia as well as one of three other nations in Africa — Ghana, Eswatini and Uganda.

Worries about return to El Salvador

Abrego Garcia’s lawyers have raised concerns that if he is sent to a third country, that country will then send him back to El Salvador. 

Cantú said that the government of Liberia has given the State Department assurance that Abrego Garcia will not face torture, persecution, and will not be sent back to El Salvador. 

The assurances from Costa Rica’s government accepting Abrego Garcia were “nonbinding,” Cantú said. 

The State Department informed him that Abrego Garcia’s removal to Costa Rica is “not an option at the moment,” he said.

Cantú was pressed by one of Abrego Garcia’s attorney’s, Sascha Rand, about communications with the State Department and Costa Rica regarding Abrego Garcia.  

Cantú said he had a five-minute virtual meeting with an attorney from the State Department, during which he was given a statement that Costa Rica was no longer an option for Abrego Garcia. 

But he could not give the judge any additional information on further communications between the State Department and Costa Rica’s government since August.

“This witness has zero information about the content of the (Costa Rica) declaration,” Xinis said. “No shade on you, Mr. Cantú, you’ve been very candid with the court. The point has been made.”

Rand pointed to how the assurance from Costa Rica granted Abrego Garcia refugee status and citizenship, and he asked if Liberia made those same assurances. 

Cantú said he did not recall. 

Rand asked Cantú if in his career at the Department of Homeland Security, which dates to 1997, if he has had any experience of removing someone from Latin America to Africa. 

Cantú said he has in the past six months under the Trump administration. Rand asked about any scenarios prior to that time.

“I cannot recall,” Cantú said.

Rand said that Abrego Garcia has “no objection to him being removed to Costa Rica.” 

He argued that the Trump administration, and its witness, have not proved that Abrego Garcia cannot be removed to Costa Rica. 

Order of removal

Abrego Garcia’s attorneys also requested that DOJ provide the order of removal for Abrego Garcia. 

Cantú said he had not seen such a document.

“If there is no order for removal, then there is no basis for detention,” said Simon Sandoval-Moshenberg, another attorney for Abrego Garcia, who specializes in immigration law. 

DOJ attorney Drew Ensign said he does “believe there is a final order of removal.”

Xinis rejected that, because no document was provided to her and the document Ensign produced for her only mentioned that Abrego Garcia’s 2019 asylum claim was rejected.

“I am just interested in finding the order of removal,” she said. 

Ensign argued that because Abrego Garcia has a withholding of removal, meaning he cannot be removed back to his home country of El Salvador, that should be treated as a final order of removal. 

Ensign added that it’s odd that Abrego Garcia would agree to be removed to Costa Rica if he didn’t believe there was a final order of removal.

“No, it’s not,” Xinis said. “It’s a concession because he’s been to CECOT and back.”

While at the notorious mega-prison known as CECOT, Abrego Garcia detailed how he was psychologically and physically tortured by Salvadoran officials. 

Abrego Garcia tried to make another application for asylum, after he was brought back to the U.S. this summer, but an immigration judge denied it. He has appealed the decision.

The case before Xinis is a habeas petition, which is how immigrants challenge their detention. Immigrants cannot be held longer for six months in detention if the federal government is not actively making efforts to remove them, a precedent set by the Supreme Court. 

Xinis pressed Ensign about why the “government (is) standing in the way” of allowing Abrego Garcia to be removed to Costa Rica. 

“It’s so odd and that’s me being really polite,” Xinis said, adding that “there is no evidence that Costa Rica is withholding their prior” stance to accept Abrego Garcia.  

Xinis said Thursday would be the last hearing before she makes her decision. She said she will first decide Abrego Garcia’s habeas petition and then address the injunction that bars his removal from the U.S.

“It’s not going to be a quick decision,” Xinis said. “These are weighty issues.”

A protester holds a photo of Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025 in New York City.  (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — A federal judge in Maryland on Friday approved the transfer of Kilmar Abrego Garcia from immigration detention in Pennsylvania to Nashville, Tennessee, for a multi-day hearing in his criminal case brought by the Trump administration after an erroneous deportation to El Salvador. 

The Trump administration previously planned as soon as Friday to again deport Abrego Garcia, this time to the West African country of Liberia. Abrego Garcia has protections from deportation to his home country of El Salvador after an immigration judge in 2019 feared he would face violence if removed there. 

Maryland District Judge Paula Xinis will allow for the transfer for his multi-day hearing on Nov. 4 and 5, according to court documents. 

Xinis, who was nominated by former President Barack Obama, is overseeing Abrego Garcia’s challenge to his detention, which is separate from the criminal case. His attorneys argue the Trump administration is keeping Abrego Garcia in detention to punish him, rather than seeking deportation. 

Abrego Garcia has agreed to be removed to Costa Rica, which has offered to accept him as a refugee. The Trump administration also has floated several other African countries as deportation destinations for Abrego Garcia: Ghana, Eswatini and Uganda.

Deportation, criminal charges

The Trump administration in March erroneously deported Abrego Garcia, a longtime Maryland resident, to a notorious mega-prison in El Salvador — a move that thrust a spotlight on the realities of the president’s immigration crackdown. 

Facing mounting pressures from various courts that ordered Abrego Garcia’s return, the Trump administration brought him back in June to face criminal charges lodged against him by the Justice Department that stemmed from a traffic stop in 2022. 

Those charges, to which Abrego Garcia has pleaded not guilty, accuse him of smuggling migrants across the country. 

The federal judge overseeing Abrego Garcia’s criminal trial in Nashville, U.S. District Judge Waverly Crenshaw, this week filed an order warning Trump administration officials, including Attorney General Pam Bondi and Department of Homeland Security Secretary Kristi Noem, they could face sanctions if they continue to make inflammatory remarks about Abrego Garcia. 

Members of the Trump administration, including President Donald Trump, have without evidence repeatedly labeled Abrego Garcia as an MS-13 gang member. 

Tennessee hearing

The multi-day hearing for Abrego Garcia in Tennessee comes after Crenshaw earlier this month found there was a “likelihood” that the DOJ indictment against Abrego Garcia was vindictive. Obama also nominated Crenshaw.

Abrego Garcia was living in Maryland with his wife and their three children when he was arrested by U.S. Immigration and Customs Enforcement agents earlier this year and notified that there had been a change in his status. Because of the deportation protections, Abrego Garcia was required to check in with ICE each year.

Kilmar Abrego Garcia speaks to a crowd of people who held a prayer vigil and rally on his behalf outside the Immigration and Customs Enforcement building in Baltimore on Aug. 25, 2025. Lydia Walther Rodriguez with CASA interprets for him. (Photo by William J. Ford/Maryland Matters)

WASHINGTON — The Trump administration Friday identified the West African nation of Liberia as the location for the removal of Kilmar Abrego Garcia, noting his deportation could come as soon as Oct. 31. 

In a Friday court filing in the District of Maryland, the Department of Justice argued that Liberia is a close partner with the United States and that the federal government has received assurances from Liberia that Abrego Garcia will not be harmed if he is deported there. They added that Abrego Garcia, who has a wife and family in Maryland, has not expressed fear of being removed to Liberia.

“Although Petitioner has identified more than twenty countries that he purports to fear would persecute or torture him if he were removed there, Liberia is not on that list,” according to the filing.

Abrego Garcia’s attorneys in his Maryland case could not be immediately reached for comment.

The new filing comes shortly after attorneys for Abrego Garcia in a separate case in Tennessee this week requested to subpoena Trump DOJ official Todd Blanche in connection with Abrego Garcia’s claim that his criminal case by the Trump administration is vindictive. That hearing is set to start Nov. 4.

Abrego Garcia has pleaded not guilty to those charges, which accuse him of the human trafficking of immigrants in an incident stemming from a 2022 traffic stop in Tennessee. 

Detention challenged

Abrego Garcia, whose wrongful deportation cast a spotlight on the president’s aggressive immigration crackdown, is challenging his detention on the grounds that the Trump administration is using his imprisonment as punishment rather than for the purpose of removal. 

Abrego Garcia has stated he is willing to be deported to Costa Rica, which has agreed to accept the longtime Maryland man as a refugee. 

Because Abrego Garcia has deportation protections from his home country of El Salvador, the Trump administration must find a third country that is willing to accept him and a country where Abrego Garcia believes he will not face harm or persecution. 

The Trump administration so far has floated sending Abrego Garcia to one of three nations in Africa —  Ghana, Eswatini and Uganda.

Earlier this month, U.S. District Judge Paula Xinis found little evidence the Trump administration has made any effort to remove Abrego Garcia either to the southern African nation of Eswatini or Costa Rica. 

At that hearing, Abrego Garcia’s attorneys told Xinis they have not received an answer from the federal government as to why officials won’t remove Abrego Garcia to Costa Rica. 

Detained in Pennsylvania

Xinis is currently mulling whether or not to order the release of Abrego Garcia, who is detained at a U.S. Immigration and Customs Enforcement facility in Pennsylvania. 

Any indefinite stay would likely be unconstitutional, per a 2001 Supreme Court ruling that does not allow for immigrants to be detained longer than six months if the federal government is making no efforts to remove them.

In March, Abrego Garcia was wrongly deported to a notorious mega-prison in El Salvador, where he detailed his experience of psychological and physical torture.