Judge orders Abrego Garcia to remain in jail after his lawyers raise deportation concerns

This courtroom sketch depicts Kilmar Abrego Garcia (center) in court during his detention hearing on June 25 in Nashville, Tenn. Diego Fishburn/AP hide caption

toggle caption

Diego Fishburn/AP

A federal judge in Tennessee has ordered a delay in the release of Kilmar Abrego Garcia after his legal team raised concerns that the Salvadoran native could be deported upon release.

Abrego Garcia was mistakenly deported to El Salvador for three months, then returned to the U.S. where he now faces federal human smuggling charges.

On Friday, Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, said the delay will remain in place pending further court orders.

Abrego Garcia's legal team requested the delay, citing conflicting reports from the federal government over whether Abrego Garcia would be allowed to stay in the U.S. while his criminal case moves through the courts.

"The irony of this request is not lost on anyone," his attorneys wrote in a motion Friday.

His attorneys pointed to an emergency hearing Thursday in Maryland — Abrego Garcia's home state — where the government said it planned to deport him to a third country as soon as he is released from jail. Later that day, a DOJ spokesperson told the Associated Press that the government intends to bring him to trial first.

"Because DOJ has made directly contradictory statements on this issue in the last 18 hours, and because we cannot put any faith in any representation made on this issue by the DOJ, we respectfully request to delay the issuance of the release order," his attorneys wrote in the same motion.

Abrego Garcia was initially ordered released on bail last Sunday by U.S. Magistrate Judge Barbara Holmes in Nashville. Holmes stated that the government failed to show that Abrego Garcia was a flight risk or a danger to the community.

This courtroom sketch depicts Kilmar Abrego Garcia sitting in court during his detention hearing on June 25 in Nashville, Tenn. Diego Fishburn/AP hide caption

toggle caption

Diego Fishburn/AP

In response, the federal government requested a stay of Holmes' ruling ordering his release. A few days later, U.S. District Judge Waverly Crenshaw of Tennessee also found no justification to continue detaining Abrego Garcia.

Still, there was concern that Abrego Garcia would be taken into custody by Immigration and Customs Enforcement upon his release. ICE has said Abrego Garcia must be deported regardless of the outcome of his criminal trial. In his opinion, Crenshaw also acknowledged that the government "is in control" of where Abrego Garcia resides while he awaits trial.

Abrego Garcia, 29, was deported to El Salvador's notorious mega-prison in March despite a 2019 court order barring his removal to that country due to fear of persecution.

Immigration authorities accused Abrego Garcia of being a member of the Salvadoran gang MS-13, which his wife and attorneys have denied. Federal officials later admitted that Abrego Garcia's deportation was a mistake due to an "administrative error."

In June, Abrego Garcia was brought back to the U.S. after a monthslong legal fight over his situation. Upon his return, he was immediately indicted on federal charges alleging that he conspired to transport thousands of migrants without legal status from Texas to various parts of the U.S. between 2016 and 2025.