Abrego Garcia remains in US for now as judge takes case under advisement

Fox News

16-07-2025

Salvadorian migrant Kilmar Abrego Garcia appeared in federal court in Tennessee on Wednesday for a second detention hearing, after a federal judge agreed to hear an appeal from the Justice Department to keep him detained in criminal custody pending trial.
The Justice Department's request to U.S. District Judge Waverly Crenshaw caps off months of confusing and contradictory statements from the Trump administration in the case of Abrego Garcia, who was erroneously deported to El Salvador in March in violation of a court order, and returned to the U.S. three months later in June.
The acting U.S. attorney for the Middle District of Tennessee, Robert McGuire, urged Crenshaw in a court filing ahead of Wednesday's hearing to keep Abrego Garcia detained in criminal custody pending trial, arguing that "there is no combination of bail conditions that can reasonably assure either the safety of the community or the defendant's appearance in future court proceedings."
Crenshaw wrapped the hearing after roughly three hours, telling both parties that he would take the case under advisement.
He did suggest he will take his time in reviewing the evidence, however, telling lawyers for the Justice Department and Abrego Garcia that they should not expect a ruling imminently, or even this week. He did suggest he would issue an order next week shortly before adjourning court.
The longer timeline is likely a welcome relief for Abrego Garcia's lawyers as they continue to wait for U.S. District Judge Paula Xinis, the federal judge in Maryland, to issue an order blocking ICE from immediately deporting their client to a third country pending release from U.S. criminal custody.
Judge Xinis, who has presided over the civil case since March, suggested after a days-long evidentiary hearing Friday that she planned to issue a temporary restraining order requiring ICE to keep Abrego Garcia in custody for a set amount of time before they can deport him to a third country, such as Mexico or South Sudan, as officials indicated last week that they plan to do.
Much of Wednesday's hearing played out similarly to Abrego's arraignment in June, led by U.S. Magistrate Judge Barbara Holmes. Judge Holmes had ruled that Abrego Garcia should be released pending trial in the criminal case, though she later agreed to a request from his attorneys to keep him in federal custody to avoid deportation.
Holmes later amended her order to allow Abrego Garcia to be kept in federal custody at the request of his own legal team. His lawyers cited concerns that ICE would immediately take him into immigration custody and deport him to a third country upon his release.
As the hearing on Wednesday stretched into its third hour, there appeared to be scant new evidence or testimony provided that might compel Crenshaw to break with Holmes's original determination, that Abrego should be released pending trial.
Crenshaw told the Justice Department that he's having a "hard time understanding" the government's argument that there is "clear and convincing evidence" that "no conditions" set by a community could control the danger posed by Abrego ahead of his criminal trial.
"That's a pretty high standard," he said.
The government said it planned to call just one witness in the hearing— Homeland Security Investigations Agent Peter Joseph, who was also the sole witness last month.
Lawyers for Abrego Garcia told the court ahead of the hearing that they did not plan to call any witnesses.
But even that filing highlights the Justice Department's conflicting statements about its plans for Abrego Garcia, whose case is at the center of two high-profile hearings in Maryland and Tennessee.
After months of delay, the Trump administration returned Abrego Garcia to the U.S., where he was immediately slapped with a newly unsealed federal indictment charging him with crimes stemming from a 2022 traffic stop in Tennessee.
Abrego Garcia pleaded not guilty to those charges, and was ordered released pending trial by U.S. Magistrate Judge Barbara Holmes.
Senior Justice Department officials and ICE officials conceded to this plan last week, telling U.S. District Judge Paula Xinis in Maryland that the government would immediately begin removal proceedings to deport Abrego Garcia to a third country, regardless of the status of his criminal case. In doing so, they broke with previous assertions from U.S. officials, including Attorney General Pam Bondi, who vowed when he was returned that he would remain in U.S. custody for the duration of his trial and any prison time.
Asked by Judge Xinis last week whether the government planned to hold Abrego Garcia in ICE custody until his criminal case in Tennessee is over, lawyers for the administration did not mince their words.
"No," Justice Department attorney Jonathan Guynn answered simply.
"There's no intention to just put him in limbo in ICE custody while we wait for the criminal case to unfold," Guynn told Xinis. "He will be removed, as would any other illegal alien in that process."
Abrego Garcia's second detention hearing in Tennessee comes after his legal team asked a federal judge in Maryland last week to impose sanctions on the Trump administration for the administration's "egregious" and "repeated violations" of discovery obligations, according to the filing.
Xinis also pressed Justice Department officials for details as to when they opened a federal investigation into Abrego Garcia in a separate district in Tennessee, and how the timing of the investigation and federal indictment squared with the government's testimony in her own court.
She noted that, by the government's own admission, it began investigating Abrego Garcia in the Middle District of Tennessee on April 28, 2025 — the same time officials were telling the court that the administration was powerless to order a foreign government to return him, in compliance with the court order.
"At the same time that [the government] was saying it had 'no power to produce'" Abrego Garcia in the U.S., Trump administration officials had "already secured an indictment against him in the Middle District of Tennessee, right?" Xinis asked Justice Department lawyer Bridget O'Hickey.
"Yes your honor," O'Hickey replied.
An incredulous Xinis noted that, just six days later, the government testified they had no power to bring him back to the U.S. "Now I have real concerns — as if I haven't for the last three months," Xinis noted in response.
"Given the series of unlawful actions" here, I feel like it's well within my authority to order this hearing — perhaps more than one — to hear testimony from at least one witness with firsthand knowledge, who can answer these questions about the immediate next steps" from the government pending Abrego Garca's release from custody, she said.