President Donald Trump’s Justice Department has agreed to a 30-day stay allowing Kilmar Abrego Garcia—an accused gang member and Maryland father who was mistakenly deported earlier this year—to remain in the U.S. while he considers his legal options.
Federal prosecutors consented to the short delay in a motion filed Sunday with U.S. District Judge Waverly Crenshaw. According to the filing, the government agreed that the temporary stay would not interfere with preparation for Abrego Garcia’s upcoming criminal trial in Tennessee.
Abrego Garcia’s legal team requested the additional month, citing uncertainty surrounding his immigration status and potential removal proceedings. “Given the uncertainty of the outcome of any removal proceedings, Mr. Abrego respectfully requests that… the issuance of an order releasing Mr. Abrego be delayed for 30 days,” his attorneys wrote.
The Trump administration had previously told a Maryland judge that if Abrego Garcia were released from pretrial detention, he would immediately be transferred to Immigration and Customs Enforcement (ICE) custody and deported to a third country—even as his criminal case remains active.
Notably, the Justice Department did not oppose the request for the 30-day delay. Abrego Garcia’s lawyers said the government had agreed to continue producing discovery during the period and work collaboratively on a trial schedule. Both sides confirmed they do not anticipate any delay to the scheduled January 27, 2026, trial.
Abrego Garcia, 29, was deported in March to a notorious labor prison in El Salvador—an act the government later admitted was a result of an “administrative error.” Despite the admission, federal authorities did not act swiftly to bring him back. He was only returned to the U.S. on June 6 after a federal grand jury in Tennessee indicted him last month.
Prosecutors allege that from 2016 to 2025, Abrego Garcia conspired with others to smuggle thousands of undocumented migrants from Central and South America into the U.S., often passing through Mexico before crossing the Texas border. Many of the individuals involved were allegedly affiliated with MS-13. The charges stem from a traffic stop where Abrego Garcia was allegedly found transporting nine undocumented individuals in his Chevrolet Suburban.
Abrego Garcia has pleaded not guilty. His defense attorneys have dismissed the case as politically charged and legally unsound, calling it a “farce.”
Earlier this month, U.S. District Judge Paula Xinis—who is overseeing part of the case in Maryland—rebuked the DOJ after learning of plans to deport Abrego Garcia again, despite the ongoing criminal proceedings.
“I’m deeply concerned that if there’s not some restraint on you, Mr. Abrego will be on another plane to another country with no notice to his lawyers,” she told a DOJ attorney. “Because that’s what you’ve done before.”
