The Trump administration is again asking a federal judge to lift an injunction that currently blocks the deportation of Kilmar Abrego Garcia to Liberia. The Department of Justice (DOJ) has urged a judge to dissolve the order, stating it is the sole remaining impediment to his removal from the United States. This move comes as the administration asserts it has cleared the final legal obstacles for his deportation.
The core contention revolves around the government's stated readiness to deport Abrego Garcia to Liberia, juxtaposed against his legal team's arguments concerning due process and the choice of a third-country destination. Abrego Garcia's attorneys deny his alleged membership in the gang MS-13 and claim the government has failed to provide adequate justification for deporting him to Liberia, instead cycling through multiple other countries without proper procedure.
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The government’s filing contends that the Constitution does not grant Abrego Garcia rights beyond those afforded by the political branches. His lawyers, however, argue that an immigration officer's unsubstantiated conclusion about the likelihood of persecution or torture in Liberia does not satisfy due process requirements. The administration points to assurances from Liberia that Abrego Garcia will not face persecution or torture, a claim Abrego Garcia's legal team disputes.
Abrego Garcia himself has expressed a willingness to be deported to Costa Rica, a country that had previously granted him asylum status and indicated it would accept him. Despite this stated preference and previous offers, acting Immigration and Customs Enforcement (ICE) Director Todd Lyons has insisted on removal to Liberia. His attorneys have stated their client was willing to leave for Costa Rica immediately and that the country had given him asylum status months prior.
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The case has seen numerous legal maneuvers. In December, a federal judge released Abrego Garcia from detention, citing the administration's failure to secure the necessary final removal order for deportation to a third country. This release was followed by an injunction that prevented his immediate detention for deportation. However, the administration's current motion seeks to dismantle this injunction.
Abrego Garcia, who immigrated to the U.S. illegally as a teenager, has been under ICE supervision. He has pleaded not guilty to charges, with his attorneys alleging these prosecutions are retaliatory due to a prior civil lawsuit he filed against the Trump administration that successfully challenged his removal.
The administration's effort to deport Abrego Garcia to Liberia has become a focal point in the broader debate surrounding the Trump administration's immigration policies. His case has been described as a flashpoint, particularly following a prior, controversial deportation to El Salvador in March 2025, which allegedly occurred in violation of a federal court order. At that time, an immigration judge had denied him bond, citing alleged gang affiliations based on informant information, claims Abrego Garcia has consistently refuted. The government has asserted that the Supreme Court has previously permitted the Trump administration to proceed with third-country removals.
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