In Nashville, Tennessee, Kilmar Abrego Garcia will remain in custody for a few more days as legal wrangling continues over his potential release. Abrego Garcia, a Salvadoran national whose controversial deportation brought attention to President Donald Trump’s immigration policies, has been detained since his return to the U.S. on June 7. He faces two charges of human smuggling.
A federal judge recently declared that Abrego Garcia should be eligible for release and even outlined specific conditions for him to stay with his brother. However, his legal team fears that if he is released, U.S. Immigration and Customs Enforcement (ICE) might immediately detain and deport him.
During a recent hearing, U.S. Magistrate Judge Barbara Holmes expressed uncertainty about her authority over ICE beyond asking prosecutors to seek the agency’s cooperation. “I have no reservations about my ability to direct the local U.S. Attorney’s office,” she stated. “I don’t think I have any authority over ICE.” Holmes did not specify when her release order for Abrego Garcia would be completed, but it was indicated that it would not be before Friday afternoon.
Abrego Garcia, clad in a red jumpsuit and shackled, was expected to possibly end up in ICE custody even if released on Wednesday. However, the hearing highlighted tensions between different federal agencies within the Trump administration. Acting U.S. Attorney Rob McGuire explained that detaining Abrego Garcia is partially to ensure ICE does not deport him before trial. He added that he would do his best to work with the Department of Homeland Security (DHS) and ICE but acknowledged their separateness in direction and leadership.
In response, Abrego Garcia’s defense lawyer, Sean Hecker, argued that the Department of Justice and DHS could collaborate as they do in other instances, such as when ICE agreed not to deport witnesses cooperating in cases related to Abrego Garcia. Federal prosecutors’ attempts to stay Holmes’ release order were denied by another judge, who criticized the government for creating its current predicament. U.S. District Judge Waverly D. Crenshaw, Jr. remarked that the DOJ and DHS should collaborate to avert the government’s professed risks and emphasized the importance of prosecuting the indictment charges. Yet, Crenshaw permitted prosecutors to file a brief advocating the reversal of the magistrate’s release decision, with an evidentiary hearing scheduled for July 16.
Abrego Garcia, accused of smuggling, pleaded not guilty on June 13. His counsel argues that the charges are an after-the-fact justification for his mistaken deportation. These charges originate from a 2022 traffic violation in Tennessee, as Abrego Garcia was transporting nine passengers in his vehicle. Homeland Security special agent Peter Joseph indicated that an investigation into Abrego Garcia began only this April.
Judge Holmes, in her ruling, stated that the prosecution did not demonstrate Abrego Garcia as a flight risk or public threat. Having lived in Maryland for over ten years, he and his American spouse have three children. Yet, Holmes recognized that this matter might be theoretical given ICE’s plans to detain him. While Abrego Garcia cannot be deported back to El Salvador due to a credible threat from gangs, he can be removed to another country willing not to send him back.
His wife, Jennifer Vasquez Sura, lamented during a news conference before Wednesday’s hearing about the prolonged separation from her husband due to what she described as “abduction by the Trump administration.” She emphasized the emotional toll, noting missed family milestones, stating it’s been 106 days since they’ve been together. She said their love, faith, and community support have kept them strong. “Kilmar should never have been taken away from us,” she said. “This fight has been the hardest thing in my life.”