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 plan directly contradicted the White House, which last month described as “fake news” reports of plans to re-deport Kilmar Armando Abrego Garcia.