2026-10-06 09:34:34 美国东部时间 / 哥伦比亚广播公司新闻
作者:雅各布·罗森 司法部记者
华盛顿——曾在去年被特朗普政府错误驱逐的萨尔瓦多男子基尔马尔·阿夫雷戈·加西亚的命运将于周二再次在法庭上展开辩论,他的法律团队将请求联邦法官阻止将其驱逐至利比里亚——这是在其持续的法律风波中,政府试图将其遣返的最新国家。
阿夫雷戈·加西亚此前与家人定居在马里兰州,2025年3月被错误驱逐至萨尔瓦多,尽管2019年一名法官曾以他可能会遭到当地帮派迫害为由,禁止将其驱逐至该国。特朗普政府曾称阿夫雷戈·加西亚是MS-13帮派成员,但他对此予以否认。
他最初被关押在萨尔瓦多的CECOT大型监狱,并于2025年6月被送回美国,面临人口走私的刑事指控。
今年3月,特朗普政府表示已准备好将阿夫雷戈·加西亚驱逐至利比里亚,并请求马里兰州的美国地区法官宝拉·辛尼斯撤销目前阻止该驱逐行动以及其他任何将阿夫雷戈·加西亚递解出境的禁令。
在法庭文件中,特朗普政府称利比里亚政府愿意接收阿夫雷戈·加西亚,美国移民及海关执法局可在数天内安排包机将其送往这个西非国家。
利比里亚是已同意接收来自美国的非本土移民的国家之一,特朗普政府已于今年8月开始将拉美地区的被驱逐者遣送至该国。哥伦比亚广播公司新闻上月前往利比里亚,采访了多名被遣送至当地的移民。他们称自己处于不确定状态,感觉自己无国籍。他们无法返回拥有配偶和子女的美国,且表示如果回到本国,他们害怕会遭到迫害。
阿夫雷戈·加西亚曾表示愿意前往哥斯达黎加,并指定该国为其 preferred 递解目的地,哥斯达黎加也已表明会为他提供难民身份或居留权。但在去年的一场听证会上,一名司法部律师称当时并未就将其驱逐至哥斯达黎加进行过讨论。
周二的听证会也是田纳西州一名联邦法官驳回针对阿夫雷戈·加西亚的刑事起诉书以来的首次听证会,该法官认定司法部对他的起诉具有报复性。政府已于8月就该裁决提起上诉。
在周二听证会前提交的法庭文件中,阿夫雷戈·加西亚的律师表示,特朗普政府正“试图滥用移民权力来惩罚”他,因为他们的当事人“胆敢”挑战将其驱逐至萨尔瓦多的决定。
“正如政府非法动用刑事权力对付阿夫雷戈·加西亚一样,它现在也试图非法利用移民权力对付他,”他们在5月提交的救济动议中写道,“记录清楚地表明了背后的意图。如果政府真的想将阿夫雷戈·加西亚驱逐出美国,早在2025年8月他指定哥斯达黎加为递解目的地时,就应该将他送往那里。”
特朗普政府还曾试图将阿夫雷戈·加西亚重新遣返至乌干达、斯威士兰和加纳等非洲国家,但均未获得这些国家的同意。
司法部在法庭文件中表示,辛尼斯法官应当驳回阿夫雷戈·加西亚的动议,因为“他的主张在法律上不成立”。
在案件审理过程中,阿夫雷戈·加西亚一直未被移民及海关执法局拘留。
Judge to weigh government’s effort to deport Kilmar Abrego Garcia to Liberia
2026-10-06 09:34:34 EDT / CBS News
By Jacob Rosen Justice Department Reporter
Washington— The fate of Kilmar Abrego Garcia, a Salvadoran man wrongfully deported by the Trump administration last year, will again be argued in court on Tuesday when his legal team asks a federal judge to block his deportation to Liberia, the latest country where the administration has attempted to send him in his ongoing legal saga.
Abrego Garcia, who had been living in Maryland with his family, was mistakenly deported to El Salvador in March 2025, despite a judge’s 2019 order that blocked his deportation to the country on the grounds that he could be harmed by local gangs. The Trump administration had said Abrego Garcia was a member of the gang MS-13, which he has denied.
He was initially held at the Salvadoran mega-prison CECOT and was eventually returned to the U.S. in June 2025 to face criminal human smuggling charges.
In March, the Trump administration said that it was ready to deport Abrego Garcia to Liberia, and asked U.S. District Judge Paula Xinis in Maryland to dissolve her order that is currently blocking that, or any other removal of Abrego Garcia, from happening.
In court filings, the Trump administration said that Liberia’s government was willing to accept Abrego Garcia and that Immigration and Customs Enforcement could arrange a charter plane to send him to the West African country in a matter of days.
Kilmar Abrego Garcia attends a rally in his honor at the Immigration and Customs Enforcement field office in Baltimore on Aug. 25, 2025. Stephanie Scarbrough / AP
Liberia is among the countries that have agreed to accept non-native immigrants from the U.S., and the Trump administration began sending deportees from Latin America there in August. CBS News traveled to Liberia last month and interviewed a number of them. They described being in limbo and feeling stateless. They are unable to return to the U.S., where many have spouses and children, and said they are scared of being persecuted if they go back to their homelands.
Abrego Garcia has said he is willing to go to Costa Rica and designated the country as his preferred country of removal, and Costa Rica has indicated it would provide him refugee status or residency. But at a hearing last year, a Justice Department lawyer said there had not been discussions about deporting him there.
Tuesday’s hearing is also the first since a federal judge in Tennessee tossed out the criminal indictment charging Abrego Garcia with the alleged crimes, finding that the Justice Department’s prosecution of him was vindictive. The government appealed that order in August.
In court filings ahead of Tuesday’s hearing, Abrego Garcia’s lawyers said that the Trump administration is “trying to abuse its immigration powers to punish” him because their client had the “audacity” to challenge his removal to El Salvador.
“Just as the Government unlawfully wielded its criminal powers against Abrego Garcia, so it seeks to unlawfully exploit its immigration powers against him,” they wrote in a motion for relief in May. “The record leaves no mystery about what is going on. If the Government truly wanted to remove Abrego Garcia from the United States, it would have sent him to Costa Rica in August 2025 when he designated it as his country of removal.”
The Trump administration has also attempted to re-deport Abrego Garcia to the African nations of Uganda, Eswatini and Ghana, but none of the countries agreed to accept him.
The Justice Department said in court filings that Xinis should deny Abrego Garcia’s motions because “his claims fail as a matter of law.”
Abrego Garcia has remained free from ICE custody as his case has proceeded.
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