Administration asks judge to lift block on Kilmar Abrego Garcia’s deportation to Liberia

Lead: The Department of Homeland Security told a federal court on March 22, 2026 that it is ready to deport Kilmar Abrego Garcia to Liberia and asked U.S. District Judge Paula Xinis to dissolve an order that has been blocking the removal. In filings, the government said Liberia remains willing to accept Abrego Garcia and that Immigration and Customs Enforcement could place him on a charter plane within roughly five days. An ICE declaration said the agency was “confident that Mr. Abrego Garcia’s removal would be imminent” if the block were lifted, and the administration asked Judge Xinis to rule on the motion by April 17, 2026. Abrego Garcia, a Salvadoran national who lived in Maryland, was mistakenly sent to El Salvador in March 2025 and was returned to the U.S. last summer to face human-smuggling charges.

Key Takeaways

• The DHS motion filed March 22, 2026 asks Judge Paula Xinis to dissolve her order that is currently preventing Kilmar Abrego Garcia’s removal to Liberia.
• Government filings state Liberia is willing to accept Abrego Garcia and ICE could arrange a charter flight in approximately five days.
• An ICE declaration says the agency is “confident that Mr. Abrego Garcia’s removal would be imminent” once the court order is lifted.
• The administration requested a court ruling on the motion by April 17, 2026.
• Abrego Garcia was mistakenly deported to El Salvador in March 2025 and returned to the U.S. the summer of 2025 to face human-smuggling charges; he has pleaded not guilty.
• The Trump administration previously asserted Abrego Garcia was affiliated with MS-13, an allegation he disputes; a 2019 judge blocked his prior removal to the Salvadoran CECOT prison over safety concerns.

Background

In March 2025 Kilmar Abrego Garcia, a Salvadoran national living in Maryland with his family, was mistakenly deported to El Salvador. At the time, U.S. authorities alleged a gang affiliation; Abrego Garcia has denied those claims. A 2019 federal court decision had prevented his removal to El Salvador’s CECOT mega-prison on the grounds that local gang violence would likely endanger him.

After the mistaken removal, Abrego Garcia was returned to the United States in the summer of 2025 and criminally charged with human smuggling tied to allegations he transported migrants into the country illegally. He has pleaded not guilty, and his lawyers contend the prosecution is retaliatory, pointing to a civil suit he brought that successfully challenged his earlier removal. The case now sits at the intersection of criminal process, immigration enforcement, and international transfer agreements.

Main Event

On March 22, 2026 the Department of Homeland Security filed a motion in U.S. District Court asking Judge Paula Xinis to dissolve her prior order preventing Abrego Garcia’s removal to Liberia. The filing says the court order is the sole obstacle to effecting the transfer and requests a prompt ruling, setting an administrative deadline of April 17 for a decision.

According to government filings cited in court papers, Liberia has indicated it will accept Abrego Garcia, and ICE officials say they could arrange a charter flight to move him to the West African country within about five days of the court lifting the order. An ICE official’s declaration provided to the court described the agency as confident that removal would be imminent if the block were removed.

The administration also told the court it is prepared to carry out the removal “in an extremely expeditious manner” once the order is dissolved. Defense counsel has argued the pending criminal case and the history of the mistaken 2025 deportation complicate immediate removal and raises concerns about vindictive prosecution and safety risks if the transfer proceeds.

Analysis & Implications

Legally, the motion tests the balance between judicial safeguards and executive-branch removal authority. Judge Xinis’s earlier order reflected concern about the risk of serious harm if Abrego Garcia were sent to El Salvador’s CECOT facility; dissolving that protection would signal the court believes replacement measures or a different destination (Liberia) mitigate those risks. If the court grants the motion, the administration would likely move quickly to execute the transfer, setting up fast-paced litigation over stays or appeals.

Politically, the case highlights tensions in immigration policy: the administration is emphasizing swift removals and the use of third countries to accept noncitizens, while defense teams and rights groups emphasize due process and individualized safety assessments. The allegation that Abrego Garcia is an MS-13 member remains contested; if the government proceeds on that basis it could influence public and judicial perceptions, but the claim itself is subject to dispute in court and public record.

Internationally, using Liberia as a destination raises questions about bilateral arrangements and capacity. Liberia’s willingness to accept a returning Salvadoran national—if accurate—reflects specific consular or diplomatic agreements that are not routine. Rapid transfers across continents also pose logistical, legal, and humanitarian questions, especially where previous removals were acknowledged as erroneous by U.S. authorities.

Comparison & Data

The timeline shows a sequence of judicial protections, a mistaken removal, and subsequent litigation leading to the recent DHS motion. That sequence frames competing claims about risk, remedy, and the appropriate venue for resolving removal disputes.

Reactions & Quotes

“We are confident that Mr. Abrego Garcia’s removal would be imminent”

ICE declaration (government filing)

The ICE declaration, submitted in support of the DHS motion, states the agency’s assessment that removal could proceed promptly if judicial restraints are lifted. The filing frames the court order as the primary impediment to immediate transfer.

“The government is prepared to remove Abrego Garcia from the U.S. in an extremely expeditious manner”

DHS court filing

That language in the DHS filing indicates the administration’s intent to act swiftly, and it sets a clear timeline in asking for a ruling by April 17, 2026. Defense counsel have said a rapid removal would complicate ongoing criminal proceedings and raise concerns about retaliation and safety.

Unconfirmed

• Liberia’s stated willingness to accept Abrego Garcia is reported in government filings but lacks independent, public confirmation from Liberian authorities available in the record we reviewed.
• The administration’s timeline for arranging a charter plane within “roughly five days” comes from government filings and could be affected by logistical or legal hurdles.
• Claims that Abrego Garcia is an MS-13 member are disputed by him and his counsel; that allegation remains a contested factual matter in filings and public statements.

Bottom Line

The DHS motion filed March 22, 2026 places a tight timetable on a high-profile, complex case that combines a prior mistaken deportation, ongoing criminal charges, and a proposed transfer to a third country. If Judge Xinis dissolves her order, the government is poised to move quickly, potentially prompting emergency motions from defense lawyers and further judicial scrutiny.

Beyond the immediate parties, this dispute underscores larger questions about how U.S. authorities handle erroneous removals, the interplay of criminal and immigration processes, and the use of third-country agreements. Observers should expect additional filings, possible appeals or stays, and probing by courts into the safety and legality of any transfer should it be scheduled.

Sources

• CBS News — news organization (original reporting and court filing summary)
• U.S. Department of Homeland Security — official agency (motion and declarations cited in filings)
• U.S. District Court for the District of Maryland (ECF) — official court docket (case filings and orders)