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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 by
the Trump administration, 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.
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, appointed to the federal bench by then-President
Barack Obama, 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 in March � where he was
held in a notorious mega-prison � 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
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. President Trump's Justice Department said
he was returned to the U.S. to face federal charges, which allege that he conspired to transport thousands of migrants without legal status from
Texas to various parts of the U.S. between 2016 and 2025.
Correction
June 27, 2025
An earlier version of this story incorrectly said that Kilmar Abrego
Garcia was indicted on criminal charges immediately upon his return to the
U.S. He faced criminal charges upon his return. The federal indictment was filed while he was being held in El Salvador.
https://www.npr.org/2025/06/27/g-s1-74925/abrego-garcia-tennessee-judge- delay-release-deportation
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