A Justice Department lawyer told a federal judge in Greenbelt, Maryland, on Monday that the United States will open deportation proceedings against Salvadoran national Kilmar Abrego Garcia if he is released from jail before standing trial on human-smuggling charges in Tennessee. Attorney Jonathan Guynn said Immigration and Customs Enforcement would transfer Abrego Garcia to an unspecified third country, not to El Salvador. The disclosure conflicts with statements issued last month by Justice Department and White House spokespeople, who said Abrego Garcia would first face trial and potentially serve a U.S. prison sentence. U.S. District Judge Paula Xinis, who is presiding over a civil suit brought by Abrego Garcia’s American wife over his mistaken March deportation, remarked that the government’s shifting position has made the case difficult to assess. She scheduled a hearing for Thursday for officials to detail their plans if Abrego Garcia is released. Abrego Garcia, who lived in Maryland for more than a decade, was deported in March to a high-security El Salvador prison despite a 2019 immigration-court order shielding him from removal because of likely gang persecution. The Supreme Court later compelled the Trump administration to return him to the United States, where he pleaded not guilty to the smuggling charges. A Nashville judge had prepared to free him pending trial but kept him in custody at the request of his own attorneys, who feared an immediate deportation. On Monday, Judge Xinis refused to dismiss the lawsuit challenging the earlier deportation, saying the controversy continues despite Abrego Garcia’s return. His lawyers have asked that he be transferred to Maryland if released, a move they contend would prevent a repeat removal before he can defend himself in court.