A federal judge in Tennessee has agreed to delay the release of Kilmar Abrego Garcia from custody as confusion swirls over whether the Trump administration intends to deport him again — despite ongoing criminal proceedings against him.
Abrego Garcia, 29, a Maryland resident, is facing federal charges in Tennessee related to an alleged migrant-smuggling operation. His lawyers asked U.S. Magistrate Judge Barbara D. Holmes on Friday to postpone issuing his release order until a scheduled July 16 hearing. They cited what they called the Trump administration’s “perceived conflicting positions” on whether Abrego would be deported to a third country — one with which he has no ties — once he’s returned to the custody of immigration authorities.
The Department of Justice quickly responded, stating it “does not oppose” the delay, noting that it “intends to see this case to resolution.” However, DOJ officials emphasized that the Department of Homeland Security “will and must follow their own process.”
In a four-page ruling issued Monday, Judge Holmes wrote that the delay was warranted given the unclear government messaging. “Abrego seeks the due process to which he is constitutionally and statutorily entitled,” she stated, referring specifically to whether the government can justify pretrial detention under the Bail Reform Act.
Abrego Garcia had previously been wrongly deported in March to a notorious labor prison in El Salvador — without being given a hearing or access to legal counsel. The government later admitted that this was due to an “administrative error,” but did not immediately act to bring him back. He was only returned to the U.S. on June 6 after a federal grand jury indicted him in Tennessee.
Abrego has pleaded not guilty to the charges, and his attorneys have called the case against him a “farce.” They also accused Homeland Security and DOJ officials of ignoring court orders and failing to provide updates on efforts to return their client to the United States.
The indictment accuses Abrego Garcia of conspiring to smuggle thousands of undocumented immigrants into the U.S. between 2016 and 2025, including alleged MS-13 gang members. The charges stem from a traffic stop where Abrego was reportedly caught transporting nine undocumented men in his Chevrolet Suburban.
Prosecutors argue that Abrego should remain behind bars due to his alleged ties to criminal networks, flight risk, and the government’s intent to deport him. In response, his defense team proposed an alternative: send him back to Maryland under court supervision, and block ICE from taking him into custody.
On Monday, Judge Holmes sided with the defense’s request to delay his release, noting that the government had agreed to the short postponement. She ordered that Abrego remain in the custody of the U.S. Marshals Service until further notice and specified that he should, if possible, be held separately from sentenced prisoners and be given reasonable access to his lawyers.
Abrego is expected to return to court on July 16 for arguments over whether he should remain detained while awaiting trial.
