A federal judge in Tennessee has agreed to postpone the release of Kilmar Abrego Garcia from custody as he faces federal migrant-smuggling charges, citing conflicting signals from the Trump administration about whether it plans to deport him again.
On Friday, Abrego Garcia’s attorneys asked U.S. Magistrate Judge Barbara D. Holmes to delay issuing his release order until a July 16 hearing, when the court is scheduled to consider a government motion to revoke a previous release order Holmes had granted.
His legal team pointed to what they described as “contradictory statements” from the administration regarding its intentions—specifically, whether it would deport Abrego Garcia to a so-called third country (a nation with no connection to him) if he were released back into Department of Homeland Security (DHS) custody.
The Justice Department responded quickly, saying it didn’t oppose the request to delay release, noting it wants to see the case through, while adding that DHS “must follow its own process” regarding any potential deportation.
In her order, Judge Holmes acknowledged the concerns:
“The court has considered the basis for the motion, which is the perceived conflicting positions taken by the government regarding whether it will deport Abrego pending final disposition of this case,” she wrote. “Essentially, Abrego seeks the due process to which he is constitutionally and statutorily entitled.”
Mistaken Deportation, Return, and Charges
Abrego Garcia, 29, was mistakenly deported in March to a prison in El Salvador despite an ongoing legal case and no due process. He has since pleaded not guilty to the smuggling charges, and his lawyers have denounced the prosecution as a “farce.”
Although the government admitted in court that the deportation was due to an “administrative error,” it did not immediately act to bring him back. It wasn’t until a federal grand jury in Tennessee indicted him in June that the government arranged his return to the U.S.
His indictment alleges that between 2016 and 2025, he conspired with others to bring thousands of undocumented migrants from Central America into the U.S. through Mexico. Prosecutors claim some of those migrants were affiliated with the MS-13 gang, and that Abrego Garcia was caught during a traffic stop transporting nine undocumented men in a Chevrolet Suburban.
The government argues that he should remain in custody, calling him a flight risk and danger to the community, and asserting that deportation proceedings are still on the table.
Defense Proposes Alternative
Abrego Garcia’s attorneys recently proposed a third option: releasing him under court supervision back to Maryland, while blocking ICE from taking him into custody.
Judge Holmes agreed to delay the release order, noting that the government did not object.
“Abrego Garcia shall therefore remain in the custody of the United States Marshal pending further order,” she wrote, adding that he should be held separately from convicted prisoners and given reasonable access to legal counsel.
The case highlights the ongoing legal chaos and uncertainty surrounding immigration enforcement under the Trump administration’s current policies, especially for non-citizens facing criminal charges and deportation simultaneously.
