Deported Maryland migrant thrown back in jail despite judge's efforts to free him
Kilmar Abrego Garcia's initial deportation became a flashpoint for the Trump administration's border security efforts after it was determined he was wrongly targeted and caught up in the raids.
The White House insisted he was a 'really bad guy' who deserved to be deported, but facing mounting pressure and a Supreme Court order, he was brought back to the United States.
His attorneys asked a federal judge in Tennessee to delay his release from jail until at least mid-July due to fears the Trump administration will deport him again if he's released to await trial.
They cited 'contradictory statements' by Trump 's administration over what would happen to the Salvadoran national.
Abrego Garcia has been charged with human smuggling stemming from a 2022 traffic stop for speeding in Tennessee, during which he was driving a vehicle with nine passengers without luggage. At the time, the 29-year-old was allowed to go free without charge.
The lawyers wrote in a brief to the court Friday that, 'we cannot put any faith in any representation made on this issue' by the Justice Department, adding that the 'irony of this request is not lost on anyone'.
Justice Department spokesman Chad Gilmartin said on Thursday that the department intends to try Abrego Garcia on the smuggling charges before it moves to deport him, stating that Abrego Garcia 'has been charged with horrific crimes'.
But hours earlier, Justice Department attorney Jonathan Guynn told a federal judge in Maryland that the US government plans to deport Abrego Garcia to a 'third country' that isn't El Salvador. Guynn said there was no timeline for the deportation plans.
Abrego Garcia's attorneys cited Guynn's comments as a reason to fear he would be deported 'immediately.'
His attorneys have called the charges 'preposterous'.
Abrego Garcia, a construction worker who had been living in Maryland, was mistakenly deported to his native El Salvador in March, sparking outrage in the community.
His attorneys have accused the Trump administration of bringing Abrego Garcia back 'to convict him in the court of public opinion ' with the intention of deporting him before he has a chance to defend himself at trial.
'In a just world, he would not seek to prolong his detention further,' his attorneys said.
Magistrate Judge Barbara Holmes in Nashville ruled June 22 that federal prosecutors failed to show that Abrego Garcia was a flight risk or a danger to the community.
During a court hearing June 25, Holmes set specific conditions for Abrego Garcia's release that included him living with his brother, a US citizen, in Maryland.
But she held off on releasing him over concerns that prosecutors can't prevent ICE from deporting him.
Acting US Attorney Rob McGuire told the judge he lacks jurisdiction over Immigration and Customs Enforcement and has no way to prevent Abrego Garcia's deportation.
Abrego's Tennessee charges came as the Justice Department began working to find a reason to justify the migrant's deportation to El Salvador. The government later admitted his deportation was a mistake.
When the Trump administration deported Abrego Garcia in March, it violated a US immigration judge's order in 2019 that barred his expulsion to his native country.
The immigration judge had found that Abrego Garcia faced a credible threat from gangs that had terrorized him and his family.
Prosecutors accuse Abrego of lying to police during the 2022 traffic incident, claiming he told them he and the nine other men were coming home from doing construction work in St. Louis, Missouri.
However, phone records showed the Maryland resident was in Texas that morning.
Prosecutors allege the father made $100,000 per year illegally transporting migrants across the country. They also alleged he transported guns and drugs as well.
Abrego Garcia pleaded not guilty on June 13 to smuggling charges.
A Department of Homeland Security spokesperson, Tricia McLaughlin, said in a statement that 'he will never go free on American soil'.
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