Kilmar Abrego Garcia Scores Win Over Trump Admin in Emergency Appeal
On Friday, Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, ruled that Kilmar Abrego Garcia should remain in jail at the request of his own legal team who said they feared he could be deported if released from custody.
Newsweek contacted the Department of Homeland Security for comment on Saturday via email outside of regular office hours.
Garcia attracted widespread attention in March when he was deported to his native El Salvador in what federal officials later admitted was an "administrative error." The Trump administration insists Garcia is a member of the MS-13 criminal gang, which he and his family have denied.
Whilst being held in a Salvadorian mega prison, Garcia was visited by Democratic Senator Chris Van Hollen, and his case became a cause against the backdrop of Trump's vow to crackdown on foreign criminal gangs and illegal immigration.
In June, Garcia was returned to the U.S. where he was charged with human trafficking, with Attorney General Pam Bondi saying he played a "significant role" in a people smuggling ring.
Garcia pled not guilty to the charges and his legal team said the federal government's actions against him amount to an "abuse of power." Originally, Garcia entered the U.S. illegally as a teenager, but he was granted protection from deportation by an immigration judge who said he could face violence from gangs in his native country.
On June 22, Magistrate Judge Barbara Holmes of Nashville ordered Garcia to be released on bail, saying she did not believe he was a flight risk or a threat to the wider community. This decision was appealed by the federal government, but U.S. District Judge Waverly Crenshaw of Tennessee backed Holmes's ruling and said Garcia could be released.
However, Garcia's legal team itself requested he remain in custody, saying they feared he would be deported by Immigration and Customs Enforcement (ICE) if released from prison. In a motion filed on Friday, his attorneys wrote: "The irony of this request is not lost on anyone."
The attorneys said there had been "contradictory statements" from the Department of Justice (DOJ) which in a court hearing in Maryland on Thursday indicated Garcia would be deported to a third country. However, the same day, a DOJ spokesperson informed the Associated Press that Garcia would face trial before being deported.
Garcia's attorneys on Friday requested that he be held in jail until a July 16 court hearing in which a request from prosecutors to revoke his release order prior to trial will be heard.
The trafficking charges against Garcia originate from a 2022 incident in which police said they stopped him for speeding in Tennessee, then found nine passengers in his vehicle without luggage.
In their motion submitted on Friday, Garcia's attorneys said: "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."
Referring to Garcia they added: "In a just world, he would not seek to prolong his detention further."
On Thursday, DOJ spokesperson Chad Gilmartin told the Associated Press that Garcia "has been charged with horrific crimes, including trafficking children, and will not walk free in our country again."
If he avoids deportation, Garcia will go on trial on human trafficking charges with prosecutors alleging he was involved with brining illegal migrants from Texas to other states between 2016 and 2025. He has pled guilty and denies any wrongdoing.
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