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Judge to hear Ice on his plans for Abrego Garcia while waiting for the release of the guard

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A federal judge will hear a senior internal security official on Thursday when she weighs the next steps in the case of Kilmar Abrego Garcia, a migrant Salvador wrongly deported to the United States and now central to a legal struggle on the presidential powers of Trump.

US District Judge Paula Xinis ordered the Trump administration on Monday to produce a government witness “with personal knowledge” on the administration’s plans for Abrego Garcia, who, according to her, should testify, under oath, on the “who, what, where and when and when” involving the government’s plans to deport him to El Salvador or a third country following the Federal Guard.

Officials of the Ministry of Justice informed the Xinis judge a few hours before the hearing they plan to call as a witness Thomas Giles, deputy director of immigration and the Office of Operations to apply the Immigration and Customs Act (ICE) in Los Angeles, California.

Trump administration officials are expected to approach on Thursday, “among other subjects, the legitimate bases asserted for the detention, nature and calendar of any notice to provide to Abrego Garcia, the location of any proposed guard or transfer, and the procedural stages intend to continue,” Xinis said in his order.

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Kilmar Abrego Garcia wearing a hat from Chicago Bulls

Kilmar Abrego Garcia, an illegal migrant Salvadoran who was expelled to El Salvador, is seen bearing a hat from Chicago Bulls, in this document (Family / document ABREGO GARCIA via Reuters)

The request came after the Ministry of Justice officials conceded during a hearing earlier this week that Garcia Garcia could be removed from his United States as of July 16 – nine days from today, when a federal judge of Tennessee will examine if he should be released and transferred to the DHS.

Abrego Garcia, currently held by the American marshals of Tennessee, was dismissed from El Salvador in June – three months after his deportation and weeks after the Supreme Court supported Xinis order to facilitate his return.

Upon arrival, Abrego was immediately slapped from federal accusations resulting from a traffic stop in 2022. The Ministry of Justice officials admitted to the court this week that they planned to take him immediately in police custody this month and to deport him in a third country – regardless of the status of his criminal case.

Xinis, who manages his civil affair, lawyers of the Trump administration grilled on Monday for having opened a federal investigation into Abrego Garcia in the American intermediate district of Tennessee – and how the calendar of the investigation and the federal accusation act clashed with the government’s testimony in its own court.

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Detainees in white uniforms trample with superimposed metal beds inside the mega-prison Cecot d'El Salvador; The insert shows the reading of the signs of protest

A photo divided of prisoners from the Salvadoral Maximum Safety Prison, Cecot, saw alongside a photo of mass demonstrators in the United States against Trump’s decision to send hundreds of migrants to the establishment earlier this year. (Getty Images)

She took shade as soon as possible of the criminal investigation, noting that, by the own admission of the government, he began to investigate Abrego Garcia in the District of the Tennessee community on April 28, 2025 – the same time that the officials declared in court that the administration was powerless to order a foreign government to return Abrego Garcia, in accordance.

“Now, I have real concerns – as if I haven’t done it for three months,” said Xinis in response.

Lawyers from the Ministry of Justice also told Xinis that they did not plan to keep it in the United States until the end of his trial.

“No,” replied the prosecutor of the Ministry of Justice Jonathan Guynn.

Paula Xinis testifies before the Senate

This is still video of July 22, 2015 shows Paula Xinis from the US Senate Judicial Committee (Judicial Committee of the American Senate)

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“There is no intention of putting it in the limbo in police custody while we are waiting for the criminal affair to unfold,” Guynn told Xinis. “It will be deleted, just like any other illegal foreigner in this process.”

“Given the series of illegal actions” here, I have the impression that it is indeed my power to order this hearing – perhaps more than one – hear the testimony of at least one witness with a first -hand knowledge, which can answer these questions on the next immediate stages “of the government while waiting for the release of Abrego Garca de la Garde, said Xinis.

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