The Department of Justice (DOJ) has asked a federal judge to dissolve the injunction preventing the Trump administration from detaining Kilmar Abrego Garcia again to facilitate his deportation to Liberia. In a court filing submitted Friday, the DOJ argued the injunction is “a clear error of law” because it itself causes prolonged detention by blocking his removal.
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Abrego Garcia, who the administration alleges is linked to the MS-13 gang—a claim his lawyers deny—was deported to El Salvador in 2025 but returned to the U.S. earlier this year to face human smuggling charges related to a 2022 traffic stop in Tennessee. His release from custody in December was partly due to the administration lacking a final notice of removal order for deportation to a third country.
A 2019 court order bars his deportation to El Salvador after an immigration judge found he faced likely gang-related threats there. The Supreme Court mandated the administration to ensure his return to the U.S. following his improper removal last year. U.S. District Judge Paula Xinis converted a prior emergency injunction against re-detaining Abrego Garcia into a longer-term block, citing the government’s failure to demonstrate a near-term third-country removal plan.
While Abrego Garcia has expressed willingness to be deported to Costa Rica—where he reportedly obtained asylum status—the administration insists he will be removed to Liberia. Judge Xinis criticized the government’s “empty threat” to deport Abrego Garcia to African countries, including Liberia, which have not agreed to accept him.
The DOJ requested a ruling on the injunction’s dissolution by April 17 to allow timely action on Abrego Garcia’s removal. Meanwhile, he has pled not guilty to human smuggling charges and is seeking their dismissal on grounds of selective prosecution.
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