In Nashville, Tennessee, the legal representatives for Kilmar Abrego Garcia petitioned a federal judge to postpone his release from jail due to conflicting statements from former President Donald Trump’s administration about his potential deportation upon release. A federal judge has been considering releasing Abrego Garcia as he awaits trial on human smuggling charges. However, concerns persist that U.S. Immigration and Customs Enforcement (ICE) will immediately detain and attempt to deport him again upon release.
Attorneys for Abrego Garcia have now urged the judge to keep him detained following contradictory statements from Trump-era officials. They expressed skepticism toward the Justice Department’s assurances, citing the lack of trustworthiness in their prior representations. They noted, “The irony of this request is not lost on anyone.”
The case of Abrego Garcia, a construction worker residing in Maryland, sparked significant debate over Trump’s hardline immigration policies. He was mistakenly deported to El Salvador in March, highlighting these policies. In response to public pressure and a Supreme Court directive, Trump’s administration returned him to the U.S. this month to face what his attorneys described as “implausible” smuggling charges.
Acting U.S. Attorney Rob McGuire agreed with the request to delay Abrego Garcia’s release. He stated that Abrego Garcia should remain in custody before trial, acknowledging his lack of authority over ICE and his inability to prevent deportation. The Department of Homeland Security, which oversees ICE, did not comment on Abrego Garcia’s situation, with DHS spokesperson Tricia McLaughlin stating that he would “never go free on American soil.”
Justice Department spokesman Chad Gilmartin noted the department’s intent to prosecute Abrego Garcia for smuggling charges before considering deportation, highlighting the gravity of his accusations involving human trafficking, including children. Earlier, Justice Department attorney Jonathan Guynn informed a Maryland federal judge that there are plans to deport Abrego Garcia to a country other than El Salvador, though no timeline was given.
Abrego Garcia’s attorneys cited these developments as reasons for concern over his “immediate” deportation, accusing the Trump administration of attempting to “convict him in the court of public opinion” and deport him before a fair trial. They argued, “In a just world, he would not seek to prolong his detention further.”
His attorneys argued for delaying his release until a court hearing scheduled for July 16, intended to assess a prosecution’s request to rescind the release order pending trial. Abrego Garcia pleaded not guilty on June 13 to the smuggling charges, dismissing them as a pretext for his wrongful deportation to a notorious Salvadoran prison.
The wrongful deportation in March violated a 2019 directive from a U.S. immigration judge, which had prohibited his expulsion to El Salvador due to credible threats from gangs terrorizing him and his family. The pending smuggling charges originated from a 2022 traffic stop in Tennessee, involving Abrego Garcia transporting nine passengers without luggage.
U.S. Magistrate Judge Barbara Holmes ruled on Sunday that prosecutors had not demonstrated Abrego Garcia was a flight risk or danger to the community. At a Wednesday court hearing, Holmes imposed specific conditions for Abrego Garcia’s release, including residing with his U.S. citizen brother in Maryland. She postponed the release amidst concerns about the federal prosecutor’s inability to prevent ICE from proceeding with deportation.