Kilmar Abrego Garcia, whose wrongful deportation to El Salvador sparked significant controversy during President Donald Trump’s immigration policy enforcement, is back in the U.S. He currently awaits trial on federal human smuggling charges in Tennessee. Initially, it was anticipated that Abrego Garcia would be released to stay with his brother in Maryland while the court proceedings were underway. However, he remains in custody due to concerns that U.S. immigration officials might attempt to deport him again.
On Monday, a federal judge in Tennessee agreed to keep Abrego Garcia detained following a request from his attorneys, who cited inconsistent statements from the Trump administration about their plans concerning his removal from the U.S. The Justice Department, represented by spokesperson Chad Gilmartin, indicated their intention to try Garcia before considering deportation. Meanwhile, Justice Department attorney Jonathan Guynn, in a separate Maryland court, alluded to plans for deportation without specifying a timeline. Garcia’s lawyers pointed to these comments as a prelude to immediate deportation fears.
“In a just world, prolonging his detention would not be necessary,” Garcia’s lawyers stated in a letter to the Tennessee judge. The government’s actions, they argued, contradicted the message that Garcia was returned to face American justice.
Abrego Garcia faces charges of smuggling hundreds of undocumented people, including MS-13 members, across the U.S. from 2016 to 2025. The charges followed a 2022 traffic stop in Tennessee where he was driving a vehicle containing nine passengers. Officers were suspicious of smuggling, noting that Garcia carried $1,400 in an envelope. Despite this, he was initially let go with a warning. Homeland Security special agent Peter Joseph later testified about grand jury witnesses who accused Garcia of smuggling and earning over $100,000 annually.
At a June hearing, Abrego Garcia entered a not guilty plea. His defense argues that the charges are an effort by the Trump administration to rationalize his deportation error. They highlighted that some witnesses cooperated to gain advantages regarding their immigration statuses or pending criminal charges. An assistant federal public defender, Richard Tennent, also expressed skepticism about the charges, mentioning a witness’s claim that Garcia regularly made lengthy trips from Maryland to Houston.
U.S. Magistrate Judge Barbara Holmes, in a June ruling, stated that prosecutors failed to prove Garcia posed a flight risk or community danger. However, she ordered him to remain detained over concerns of potential deportation by ICE, despite him being slated for release to his brother’s care. Acting U.S. Attorney Rob McGuire emphasized the need to retain Garcia in prison to prevent his deportation, promising coordination with Homeland Security to that end.
Fears persist over the possibility of Garcia’s deportation. His attorneys requested an emergency court order in Maryland to ensure he’s taken there upon release, to prevent deportation before trial. Garcia’s wife, Jennifer Vasquez Sura, who resides in Maryland, is suing the Trump administration over his initial deportation. Jonathan Cooper, one of Garcia’s attorneys, highlighted concerns over potential deportation risks if Garcia was released from detention.
Justice Department attorney Guynn acknowledged the deportation plans but remained vague on timing. Despite the DOJ’s later assurances of retaining Garcia for trial, doubts lingered. Consequently, his lawyers sought a court order to maintain his detention for assured legal proceedings in America. The Tennessee judge consequently postponed Garcia’s release until a July hearing could address a prosecution request to overturn his release order.
Garcia’s journey from El Salvador, where he grew up amidst gang violence, to Maryland was marked by his escape from local threats in 2011. After settling, he worked in construction, eventually building a family with Vasquez Sura. In 2019, he found himself detained by local police on gang suspicion, though no charges ensued; ICE subsequently took over. An immigration judge denied him asylum but recognized valid risks of persecution in El Salvador, resulting in his release under protective orders.
Living and working in the U.S. while abiding by immigration check-ins annually, Garcia’s life took an abrupt turn when the Trump administration mistakenly deported him amid a crackdown on MS-13, later explained as an administrative error. The same month marked his return under Supreme Court direction to face smuggling charges, which his legal team contests as attempts to justify previous deportation missteps.