Attorneys for Salvadoran national Kilmar Abrego Garcia are challenging a Department of Justice (DOJ) request to halt his federal habeas corpus lawsuit amid the U.S. government shutdown. The lawsuit challenges Garcia’s current detention and potential deportation, reported by WTOP News.
The DOJ initiated the conflict by filing a motion seeking a stay in all case proceedings. The Department of Justice argued that government lawyers are prohibited from working, even voluntarily, during the lapse in appropriations.
However, according to a motion filed by Garcia’s lawyers, specific federal habeas corpus law mandates the Court to continue to “hear and dispose of pending cases” regardless of the shutdown. The filing stated that the government failed to acknowledge this provision.
U.S. District Court Judge Paula Xinis has yet to rule on the stay or whether the scheduled October 6 evidentiary hearing will proceed.
As an alternative to indefinite detention, the lawyers suggested to the court that Garcia be released to home detention under strict supervision. The requested conditions, including electronic monitoring, third-party custody, and regular reporting, are similar to those imposed by a Tennessee judge in a previous case, reported by WTOP News.
The legal battle occurs as Garcia faces other immigration obstacles. A U.S. immigration judge in Baltimore denied the bid for asylum on Wednesday, rejecting his application to reopen his 2019 asylum case.
Officials with President Donald Trump’s administration have referred to Abrego Garcia as a member of the MS-13 gang, according to previous reports, despite his lack of criminal convictions. The government has not yet responded to the defense’s filing arguing for the case to move forward or for Garcia to be placed on home detention.
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