Surrounded by reporters, Kilmar Abrego Garcia and his wife, Jennifer Vasquez Sura, enter a U.S. Immigration and Customs Enforcement (ICE) field office on Aug. 25, 2025, in Baltimore, Maryland. (Anna Moneymaker/Getty Images)
Xinis noted that a high-pressure hearing is happening next week over whether the DOJ vindictively brought criminal charges against Abrego Garcia after initially admitting to erroneously deporting him to a prison in El Salvador earlier this year.
"I don’t believe a criminal case can go forward if there’s no defendant," Xinis said, adding, "I'm trying to figure out how useful this Friday is, and the reason why I'm asking is because it's common knowledge there is an evidentiary hearing [in Tennessee] next week."
Liberia is now the fourth African country raised by lawyers for the Trump administration after they previously identified three others, Uganda, Ghana and Eswatini, that could potentially accept Abrego Garcia, pending dissolution of Xinis' injunction keeping him in the United States.
The judge signaled that the Department of Homeland Security's position of wanting to deport him and the DOJ's position of wanting to take him to trial did not add up and that she suspected some behind-the-scenes logistical discussions were taking place.
"It just doesn't pass the sniff test that there hasn't been some coordination," Xinis said.
Department of Homeland Security Secretary Kristi Noem blamed "activist" judges for the release of Kilmar Abrego Garcia, Aug. 22, 2025. (AP Photo/Mark Schiefelbein/AP Photo/George Walker IV, File)
"Any insight you can shed on why we’re continuing this hearing when you could deport him to a third country tomorrow?" Xinis asked, adding, "Now we're about to burn significant resources … to now talk about a fourth African country."
Fox News Digital reached out to the DOJ for comment.
In August, when Abrego Garcia's attorneys first told the court about the DOJ floating Costa Rica as part of a plea deal, a DOJ spokesperson said in a statement that pleading guilty or standing trial were Abrego Garcia's only options because he presented a "clear danger" to the community. Abrego Garcia has pleaded not guilty to the charges.
"This defendant can plead guilty and accept responsibility or stand trial before a jury," the spokesperson said. "Either way, we will hold Abrego Garcia accountable and protect the American people."
Fox News Digital's Breanne Deppisch and Fox News' Jake Gibson contributed to this report.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
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https://www.foxnews.com/politics/doj-signals-would-rather-deport-abrego-garcia-than-prosecute-him