On Friday, a federal judge instructed the lawyer of Kilmer Abrego Garcia to keep him in custody to prevent his imminent deportation from the United States. Abrego Garcia, who is currently facing allegations of human smuggling in Tennessee, requested U.S. Magistrate Judge Barbara Holmes to postpone his release until a hearing set for July. His lawyers argued that there were fears of rapid expulsion to a third country under the Trump administration. Despite some pushback on their claims, the judge granted the request.
Holmes mentioned that court documents indicate the U.S. government does not oppose the delay in issuing a release order. It was somewhat ironic, as Abrego Garcia’s lawyers had been trying to keep him in detention for two weeks, insisting that he remain in custody until the trial. He was initially set to be released on Wednesday.
The decision postpones any further proceedings until the next court session on July 16th.
Abrego Garcia, accused of being tied to the MS-13 gang, is being held on charges related to a long-standing conspiracy involving the smuggling of undocumented immigrants. Prosecutors allege he has made over 100 trips in roughly ten years, transporting people along with drugs and firearms from Texas to his home in Maryland.
In March, immigration and customs enforcement removed him to El Salvador, a move that sparked public concern given that he previously had orders to avoid deportation, except to his home country. His case garnered attention from several Democrats, including Maryland Senator Chris Van Hollen, who traveled to El Salvador demanding his return to the U.S.
Ultimately, the Trump administration facilitated his re-entry into the U.S. at the beginning of June so he could face human smuggling charges in Nashville.
In requesting to delay his release, Abrego Garcia’s legal team called the charges a “fake criminal case,” arguing that there were inconsistencies in the prosecution’s statements regarding the possibility of his deportation before the criminal proceedings concluded. Judge Holmes, however, was firm in her response, stating that the intention to deport him was evident and supported by documented evidence.
“It is clear that the defendant was considered deportable as early as 2019,” Holmes noted, emphasizing that this was not unexpected for the defense or the court. She rejected claims that the criminal case was in any way fake, clarifying that it arose from a federal investigation that included video evidence of the defendant engaging in illegal activities and being untruthful with law enforcement.
Abrego Garcia, implicated as a member of the MS-13 gang, also faced previous allegations of domestic abuse from his wife. The prosecution argued that based on her sworn statements, he poses a danger.
