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DOJ consents to hold Abrego Garcia for a minimum of one month to stop deportation

DOJ consents to hold Abrego Garcia for a minimum of one month to stop deportation

On Monday, attorneys representing both the Trump administration and Salvadoran immigrant Kilmer Abrego Garcia reached an agreement to keep him in U.S. criminal custody in Tennessee for an additional 30 days. According to a filing made with U.S. District Judge Waverly Crenshaw, Abrego Garcia’s lawyers indicated that he had been informed of this extension. This arrangement provides them more time to evaluate his legal options in light of the government’s intentions to deport him again, possibly to third countries like Mexico or South Sudan.

This concession seems significant, especially since a senior official from the Trump administration previously indicated to a federal judge in Maryland that they intended to proceed with Abrego Garcia’s removal from federal custody regardless of ongoing criminal proceedings.

Abrego Garcia’s legal counsel informed Judge Crenshaw that the government did not oppose the request for a delay, emphasizing that such a short extension would not compromise the trial preparations or scheduled dates. During this 30-day period, the government also assured that evidence would continue to be disclosed to the defense. Both parties continue to align on the trial schedule leading up to a deadline set for July 30, 2025, and do not foresee further delays to the trial, currently slated for January 27, 2026.

This 30-day delay appears to contradict previous statements from the administration regarding Abrego Garcia, who was inadvertently deported to El Salvador in March and returned to the U.S. three months later after contravening a court ruling. The extended timeline provides some respite for his legal team, particularly following a recent order from U.S. District Judge Paula Sinis, who blocked ICE from proceeding with deportation to third countries.

Judge Sinis had indicated that after multiple hearings, she would issue a temporary restraining order to require that Abrego Garcia be confined for a specific duration before any potential deportation could occur.

The Department of Justice has yet to respond to requests for comment regarding this ongoing situation.

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