Federal prosecutors are asking a Maryland judge to lift an order blocking the deportation of Kilmar Abrego Garcia to Liberia, months after mistakenly sending him to El Salvador.
The government filed a motion Friday claiming officials have secured assurances from Liberia that Abrego Garcia would not face persecution or torture there.
Abrego Garcia, who has an American wife and child, came to the U.S. illegally from El Salvador as a teenager. An immigration judge granted him protection from deportation in 2019, finding he faced danger in his home country.
But in March, immigration officials deported him to El Salvador anyway. A government attorney later called it an administrative error.
Following court pressure, the administration repatriated him to the U.S. in June. Officials have since pursued deportation to a third country.
His attorneys filed their own motion Friday, arguing Abrego Garcia has already designated Costa Rica as an acceptable deportation destination. They claim the government must send him there.
The continued pursuit of other deportation options shows the process is retaliatory and violates due process, they argue.
Government attorneys dispute this, claiming Abrego Garcia’s due process rights differ from those of U.S. citizens. Because he entered illegally, he should be treated “the same as someone who just crossed the border,” they argue, the Associated Press reported.
His lawyers counter 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 Supreme Court case.
The attorneys also say Abrego Garcia deserves an immigration judge review of the officer’s determination about persecution risks in Liberia. They note Liberia has only agreed to accept him temporarily and could re-deport him to El Salvador.
Government lawyers say the Secretary of State’s assurances from Liberia are sufficient. The court cannot intervene in foreign diplomacy matters, they argue.
“This Court should therefore dissolve its preliminary injunction and permit Petitioner to be removed to Liberia,” federal attorneys stated, per AP.
Meanwhile, Abrego Garcia faces federal human smuggling charges in Tennessee. He has pleaded not guilty and claims the charges stem from “selective or vindictive prosecution.”
A hearing on his motion to dismiss is scheduled for December 8.