A federal judge has delayed the release of Kilmar Abrego Garcia , a Salvadoran national accused of human smuggling , amid fears from his legal team that US immigration authorities could deport him before he stands trial.
US magistrate judge Barbara Holmes had ruled on June 22 that Abrego Garcia was not a flight risk or danger to the community, and approved his release on conditions—including that he live with his US citizen brother in Maryland. However, she paused the release after defence attorneys raised alarm over conflicting statements from the Trump administration regarding his immigration status.
In court filings, Abrego Garcia’s lawyers said they had “no faith” in government assurances that he would not be deported, citing contradictions. Justice Department spokesperson Chad Gilmartin told the Associated Press that Abrego Garcia would be tried before any deportation . But just hours earlier, another DOJ lawyer, Jonathan Guynn, told a Maryland judge the government planned to deport him to a “third country,” not El Salvador, with no clear timeline. A DHS spokesperson later declared that Abrego Garcia “will never go free on American soil.”
Abrego Garcia became a flashpoint in the immigration debate earlier this year when he was mistakenly deported to El Salvador in March, despite a 2019 court order protecting him from removal due to threats from gangs. Under mounting legal pressure, the administration returned him to the US in June. He pleaded not guilty on June 13 to smuggling charges stemming from a 2022 traffic stop in Tennessee, where he was found transporting nine passengers without luggage.
His attorneys have called the charges “preposterous,” accusing the government of using the case to try him in the “court of public opinion” while seeking to deport him before trial. Acting US Attorney Rob McGuire told the court that he had no authority over ICE, raising further concerns about enforcement during legal proceedings.
A new hearing is scheduled for July 16, where the court will decide whether prosecutors can revoke the earlier release order. Until then, Abrego Garcia remains in federal custody in Nashville.
US magistrate judge Barbara Holmes had ruled on June 22 that Abrego Garcia was not a flight risk or danger to the community, and approved his release on conditions—including that he live with his US citizen brother in Maryland. However, she paused the release after defence attorneys raised alarm over conflicting statements from the Trump administration regarding his immigration status.
In court filings, Abrego Garcia’s lawyers said they had “no faith” in government assurances that he would not be deported, citing contradictions. Justice Department spokesperson Chad Gilmartin told the Associated Press that Abrego Garcia would be tried before any deportation . But just hours earlier, another DOJ lawyer, Jonathan Guynn, told a Maryland judge the government planned to deport him to a “third country,” not El Salvador, with no clear timeline. A DHS spokesperson later declared that Abrego Garcia “will never go free on American soil.”
Abrego Garcia became a flashpoint in the immigration debate earlier this year when he was mistakenly deported to El Salvador in March, despite a 2019 court order protecting him from removal due to threats from gangs. Under mounting legal pressure, the administration returned him to the US in June. He pleaded not guilty on June 13 to smuggling charges stemming from a 2022 traffic stop in Tennessee, where he was found transporting nine passengers without luggage.
His attorneys have called the charges “preposterous,” accusing the government of using the case to try him in the “court of public opinion” while seeking to deport him before trial. Acting US Attorney Rob McGuire told the court that he had no authority over ICE, raising further concerns about enforcement during legal proceedings.
A new hearing is scheduled for July 16, where the court will decide whether prosecutors can revoke the earlier release order. Until then, Abrego Garcia remains in federal custody in Nashville.
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