Updated June 30, 2025 at 19:22 PM ET
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.
U.S. Magistrate Judge Barbara Holmes on Monday ordered him held in federal custody. 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.
Abrego Garcia's legal team requested the delay, citing conflicting reports from the federal government over whether he 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 earlier in June 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 June 22 by Judge 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 by former 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.
Copyright 2025 NPR
