Abrego Garcia Set For Pivotal Hearing On Whether He Will Remain In Us Pending Trial

Salvadorian migrant Kilmar Abrego Garcia is backmost successful national tribunal successful Tennessee, wherever a national judge connected Wednesday will perceive an entreaty from nan Justice Department seeking to support him detained successful criminal custody pending trial.

The petition to U.S. District Judge Waverly Crenshaw from nan Justice Department caps disconnected months of confusing and contradictory statements from nan Trump management successful nan lawsuit of Abrego Garcia, who was erroneously deported to El Salvador successful March successful usurpation of a tribunal order, and returned to nan U.S. 3 months later successful June.

The acting U.S. lawyer for nan Middle District of Tennessee, Robert McGuire, urged Crenshaw successful a caller filing this week to support Abrego Garcia detained successful criminal custody pending trial, arguing successful a filing that "there is nary operation of bail conditions that tin reasonably guarantee either nan information of nan organization aliases nan defendant’s quality successful early tribunal proceedings."

ABREGO GARCIA LAWYERS ASK US JUDGE TO ORDER RETURN TO MARYLAND AMID ONGOING CRIMINAL CASE

The woman of Kilmar Abrego Garcia, Jennifer Vasquez Sura, stands pinch demonstrators arsenic they rally successful support of Garcia extracurricular national tribunal during a proceeding successful Greenbelt, Maryland.  (Jim Watson/AFP via Getty)

But moreover that filing highlights nan Justice Department’s conflicting statements astir its plans for Abrego Garcia, whose lawsuit is astatine nan halfway of 2 high-profile hearings successful Maryland and Tennessee.

After months of delay, nan Trump management returned Abrego Garcia to nan U.S., wherever he was instantly slapped pinch a recently unsealed national indictment charging him pinch crimes stemming from a 2022 postulation extremity successful Tennessee. 

Abrego Garcia pleaded not blameworthy to those charges, and was ordered released pending proceedings by U.S. Magistrate Judge Barbara Holmes.

Holmes later amended her bid to let Abrego Garcia to beryllium kept successful national custody astatine nan petition of his ain ineligible team. His lawyers cited concerns that ICE would instantly return him into migration custody and deport him to a 3rd state upon his release.

Senior Justice Department officials and ICE officials conceded to this scheme past week, telling U.S. District Judge Paula Xinis successful Maryland that nan authorities would instantly statesman removal proceedings to deport Abrego Garcia to a 3rd country, sloppy of nan position of his criminal case. In doing so, they collapsed pinch erstwhile assertions from U.S. officials, including Attorney General Pam Bondi, who vowed erstwhile he was returned that he would stay successful U.S. custody for nan long of his proceedings and immoderate situation time.

SUPREME COURT GRANTS TRUMP REQUEST TO LIFT STAY HALTING VENEZUELAN DEPORTATIONS

Attorney General Pam Bondi speaks alongside President Donald Trump successful nan briefing room astatine nan White House connected June 27, 2025 successful Washington, DC.  (Joe Raedle/Getty Images)

Asked by Judge Xinis past week whether nan authorities planned to clasp Abrego Garcia successful ICE custody until his criminal lawsuit successful Tennessee is over, lawyers for nan management did not mince their words.

"No," Justice Department lawyer Jonathan Guynn answered simply. 

"There’s nary volition to conscionable put him successful limbo successful ICE custody while we hold for nan criminal lawsuit to unfold," Guynn told Xinis. "He will beryllium removed, arsenic would immoderate different forbidden alien successful that process."

Abrego Garcia’s 2nd detention proceeding successful Tennessee comes aft his ineligible squad asked a national judge successful Maryland past week to enforce sanctions connected nan Trump management for nan administration’s "egregious" and "repeated violations" of find obligations, according to nan filing. 

FEDERAL JUDGE ORDERS RETURN OF DEPORTED MIGRANT TO US, REJECTING TRUMP REQUEST

 U.S. President Donald Trump speaks during a Cabinet gathering astatine nan White House connected April 30, 2025 successful Washington, DC. (Andrew Harnik/Getty Images)

Xinis besides pressed Justice Department officials for specifications arsenic to erstwhile they opened a national investigation into Abrego Garcia successful a abstracted territory successful Tennessee, and really nan timing of nan investigation and national indictment squared pinch nan government's grounds successful her ain court. 

She noted that, by nan government’s ain admission, it began investigating Abrego Garcia successful nan Middle District of Tennessee connected April 28, 2025 — nan aforesaid clip officials were telling nan tribunal that nan management was powerless to bid a overseas authorities to return him, successful compliance pinch nan court order.

"At nan aforesaid clip that [the government] was saying it had ‘no powerfulness to produce’" Abrego Garcia successful nan U.S., Trump management officials had "already secured an indictment against him successful nan Middle District of Tennessee, right?" Xinis asked Justice Department lawyer Bridget O'Hickey.

"Yes your honor," O’Hickey replied. 

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An incredulous Xinis noted that, conscionable six days later, nan authorities testified they had nary powerfulness to bring him backmost to nan U.S. "Now I person existent concerns — arsenic if I haven't for nan past 3 months," Xinis noted successful response.

"Given nan bid of unlawful actions" here, I consciousness for illustration it’s good wrong my authority to bid this proceeding — possibly much than 1 — to perceive grounds from astatine slightest 1 witnesser pinch firsthand knowledge, who tin reply these questions astir nan contiguous adjacent steps" from nan authorities pending Abrego Garca's merchandise from custody, she said.