A federal judge on Monday denied the Trump administration's request to delay proceedings aimed at deporting illegal migrant Kilmar Abrego Garcia because of the ongoing government shutdown.
U.S. District Judge Paula Xinis issued her ruling during a status conference in the case of Abrego Garcia, a Salvadoran who was deported to his homeland last March and later returned to the United States in June to face criminal charges in Tennessee.
Xinis said she felt "duty bound" to continue the case given its importance and the fundamental questions it raises about deportation policies, ABC News reported.
Bloomberg also reported the judge's ruling.
Abrego Garcia faces criminal charges in Tennessee stemming from a 2022 traffic stop.
On Friday, U.S. District Judge Waverly Crenshaw granted a request by Abrego Garcia's attorneys and ordered discovery and an evidentiary hearing in the migrant's effort to show that the federal human smuggling case against him in Tennessee is retaliatory.
Crenshaw said Abrego Garcia had shown there was "some evidence that the prosecution against him may be vindictive."
That evidence included statements by Trump administration officials and the timeline of the charges being filed.
Crenshaw's decision came two days after a U.S. immigration judge denied Abrego Garcia's bid for asylum.
The immigration judge in Baltimore on Wednesday rejected his application to reopen his 2019 asylum case, though the decision is not final. Abrego Garcia has 30 days to appeal to the Board of Immigration Appeals.
In a court filing last month, the Department of Justice said that if Abrego Garcia's attorneys succeed in reopening his asylum case, the Trump administration will move to deport him back to El Salvador.
The government contends Abrego Garcia is a dangerous criminal who entered the U.S. illegally, while his attorneys and supporters argue there is no evidence and he deserves to remain in the country.
U.S. Immigration and Customs Enforcement is reportedly seeking to deport Abrego Garcia to a third country — proposing Uganda first and then Eswatini, a small southern African nation where the king still holds absolute power.
The Associated Press contributed to this report.
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.