Kilmar Abrego Garcia to Remain in Jail as Attorneys Debate if He’ll Be Deported on Release

Kilmar Abrego Garcia, the Maryland man who was wrongly removed from the U.S. earlier this year, is set to remain in jail for a few more days as his attorneys and federal prosecutors determine whether he’ll be deported if released.

The decision came as Abrego Garcia was expected to be released from jail and placed into Immigration and Customs Enforcement (ICE) custody following a court hearing Wednesday afternoon.

Abrego Garcia was imprisoned in El Salvador for over two months after being removed from the U.S. through an “administrative error” by the Trump administration. Earlier this month, the government returned him to the country after indicting him for allegedly transporting undocumented migrants within the U.S.

His removal sparked outrage across the country amid rising concerns over President Donald Trump’s effort to undermine due process rights by summarily deporting legal and illegal immigrants.

Nashville-based U.S. Magistrate Judge Barbara Holmes ruled earlier this week that Abrego Garcia should not be detained pending trial on immigrant smuggling charges. The judge said prosecutors failed to produce enough plausible evidence that Abrego Garcia posed a danger.

Holmes’ ruling was the first formal judicial evaluation of the evidence against Abrego Garcia, which largely relies on allegations from five unnamed co-conspirators. The judge questioned the credibility of some of the co-conspirators, noting that some secured benefits in exchange for their testimonies in the case against Abrego Garcia.

The determination that Abrego Garcia would remain in jail a few more days came during a hearing on the conditions of his release.

As the hearing was underway, U.S. District Judge Waverly Crenshaw, an Obama appointee, denied the Department of Justice’s (DOJ) motion to stay Holmes’ order.

The DOJ claimed in arguments to Crenshaw that if Holmes’ decision stood, Abrego Garcia would likely be transferred to ICE custody and would be removed from the U.S. a second time. His deportation would irreparably harm the government’s criminal case, the department said.

Crenshaw said the DOJ’s argument “defies logic,” noting that the government was claiming that “it may suffer irreparable harm completely of its own making.” 

“If the Government finds this case to be as high priority as it argues here, it is incumbent upon it to ensure that Abrego is held accountable for the charges in the Indictment,” Crenshaw wrote. “If the Department of Justice and DHS cannot do so, that speaks for itself.”

The DOJ said in court filings weeks ago that Abrego Garcia would be arrested by Immigration and Customs Enforcement officials if he is released from jail.