Kilmar Abrego Garcia Case: Lawyers Seek Continued Detention Amid Conflicting Deportation Statements
Kilmar Abrego Garcia Case: Lawyers Seek Continued Detention Amid Conflicting Deportation Statements
Attorneys for Kilmar Abrego Garcia have made an unusual request to a federal judge in Tennessee: to delay his release from jail. The request stems from what his lawyers describe as “contradictory statements” from the Trump administration regarding whether he will be deported upon release.
A federal judge in Nashville had been preparing to release Abrego Garcia, who faces human smuggling charges, to await trial. However, the judge has hesitated due to concerns that U.S. Immigration and Customs Enforcement (ICE) might immediately detain and attempt to deport him again.
The attorneys’ filing on Friday cited conflicting remarks from Justice Department officials. One official told a federal judge in Maryland that the government planned to deport Abrego Garcia to a “third country” with no set timeline. Hours earlier, a Justice Department spokesman stated the department intended to try Abrego Garcia on smuggling charges before moving to deport him, asserting he “will not walk free in our country again.” Further adding to the confusion, a White House spokesperson posted on X (formerly Twitter) that Abrego Garcia was returned to the U.S. to face trial and the “full force of the American justice system.”
Abrego Garcia, a construction worker from Maryland, became a focal point of the Trump administration’s immigration policies after he was mistakenly deported to El Salvador in March. Following mounting pressure and a Supreme Court order, he was returned to the U.S. this month to face the smuggling charges, which his attorneys call “preposterous.”
In response to the lawyers’ request, acting U.S. Attorney Rob McGuire agreed to delay Abrego Garcia’s release, reiterating his stance that Abrego Garcia should remain in jail before trial and stating he lacks jurisdiction over ICE to prevent deportation. Abrego Garcia pleaded not guilty on June 13 to the charges, which his attorneys suggest are an attempt to justify his earlier mistaken expulsion.
His attorneys have requested the judge delay his release until a July 16 court hearing, which will consider a prosecution request to revoke his release order. A U.S. Magistrate Judge had previously ruled that federal prosecutors failed to show Abrego Garcia was a flight risk or a danger to the community, setting specific release conditions but holding off on release due to deportation concerns.
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