Kilmar Armando Abrego Garcia, who was mistakenly deported to one of the world’s most notorious prisons, will remain in U.S. custody for the time being—despite growing concern over what could happen if he’s released.
Back in March, Abrego Garcia was mistakenly deported to El Salvador’s Center for Terrorism Confinement (CECOT)—a prison known for its brutal conditions—alongside more than 200 other deportees, including 22 Salvadorans and over 200 Venezuelans accused of crimes.
The deportation turned out to be the result of an “administrative error” tied to the Trump administration, leading to widespread criticism and calls for his return to the U.S.
Though Abrego Garcia has since returned to American soil, he’s still behind bars. The Department of Justice has charged him with human smuggling, and he is awaiting trial. He has pleaded not guilty to the charges.
Back in 2019, a judge had ruled that Abrego Garcia should not be deported due to threats from gangs in El Salvador. Despite that ruling, Immigration and Customs Enforcement (ICE) is still pushing to deport him again if he is released.
Because of this, his legal team is actually arguing for him to stay in U.S. custody—believing it’s the only way to ensure his safety and prevent another wrongful deportation.
During a hearing on June 25, U.S. Magistrate Judge Barbara Holmes said she would issue an order to release Abrego Garcia ahead of his trial. However, she gave his attorneys until noon on June 26 to file a motion outlining their concerns that he might be deported if ICE takes him into custody after his release.
Part of the judge’s order reads:
“By no later than noon on June 26, 2025, the defendant Kilmar Armando Abrego Garcia (‘Abrego’) shall submit his supplemental briefing on the issues described during the release hearing held on June 25. The United States shall submit its response by no later than noon on June 27.”
Until then, Abrego Garcia will remain in the custody of U.S. Marshals. If he is released and ICE detains him, the court will no longer have jurisdiction over what happens next.
The situation has sparked protests and raised concerns about due process, immigrant rights, and the consequences of bureaucratic errors. For now, Abrego Garcia’s future remains uncertain as legal proceedings continue.
