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.

The disclosure by U.S. lawyer Jonathan Guynn contradicts statements by spokespeople for the Justice Department and the White House, who said last month that Abrego Garcia would stand trial.