Attorneys for Kilmar Abrego Garcia seek delayed release from jail to avoid deportation
While defense attorneys say Abrego Garcia has a right to be let out of jail, they say immigration authorities plan to apprehend him and begin deportation proceedings if he is released.
In the July 20 filing, defense attorneys request that Judge Waverly Crenshaw delay issuing any order to release Abrego Garcia from jail for at least 30 days. They say the monthlong delay gives Abrego Garcia time to "evaluate his options and determine whether additional relief is necessary."
The request is the latest move in the case of Abrego Garcia, who was illegally deported to El Salvador by the U.S. government in March and brought back in June to face criminal charges in Tennessee. He's accused of driving undocumented immigrants around the country as part of an immigrant smuggling operation.
Abrego Garcia pleaded not guilty to the charges, and his immigration attorney has called the case an "abuse of power."
Abrego Garcia's attorneys indicated in the filing that government officials told them Abrego Garcia would transfer to Department of Homeland Security custody after a release from jail, at which point DHS would begin removal proceedings against him.
Starting removal proceedings does not mean Abrego Garcia would necessarily be deported right away. His attorneys made their request "given the uncertainty of the outcome of any removal proceedings," the July 20 filing states.
Whether the defense attorneys' request is moot depends on whether Crenshaw finds Abrego Garcia can be released from jail in the first place. Federal prosecutors have argued Abrego Garcia should remain behind bars before his trial on criminal human smuggling charges in Nashville, and attorneys are waiting on Crenshaw's ruling — which he said would likely come this week.
Abrego Garcia's criminal defense is led by New York attorney Sean Hecker.
More: Kilmar Abrego Garcia hearing in Nashville ends without a ruling. What happens next?
More: How a routine traffic stop in TN exploded into human smuggling charges for Kilmar Abrego Garcia
Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@tennessean.com.
This article originally appeared on Nashville Tennessean: Abrego Garcia's attorneys ask he stay in jail to avoid deportation
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