The Trump administration will take steps to deport Kilmar Abrego Garcia before he goes to trial in Tennessee if he’s released from criminal custody, which could happen as soon as next week, a Justice Department attorney said Monday.

During a three-hour hearing, a frustrated U.S. District Judge Paula Xinis appeared incredulous over the administration’s lack of a definite plan for deporting Abrego after a Justice Department attorney said that was the plan.

A federal judge in Maryland on Monday heard arguments over whether Kilmar Abrego Garcia should be transferred to federal custody in Maryland or face deportation once he’s released from Department of Justice custody in Tennessee.