Lawyers for Kilmar Abrego Garcia have asked a federal judge in Tennessee to delay his release from jail, fearing that the Trump administration will attempt to deport him before he stands trial on federal charges.
Abrego Garcia, a Maryland-based construction worker, was wrongfully deported to El Salvador in March despite a 2019 immigration judge’s order barring his expulsion to the country due to credible threats of gang violence.
Now back in the United States under a Supreme Court order, he is awaiting trial on human smuggling charges stemming from a 2022 traffic stop.
Prosecutors allege that Abrego Garcia was transporting nine passengers in Tennessee, though no arrests were made at the time, and he was allowed to continue driving.
US Magistrate Judge Barbara Holmes ruled last month that Abrego Garcia is eligible for release, finding he posed no flight risk or threat to the community.
But federal prosecutors appealed the decision, prompting a review by US District Judge Waverly Crenshaw Jr., who is expected to rule soon.
Anticipating an imminent release order, Abrego Garcia’s attorneys filed a motion on Sunday requesting a 30-day stay to allow time to "evaluate his options and determine whether additional relief is necessary" to prevent deportation.
His legal team reversed its earlier request for release after US officials indicated plans to deport him — possibly to a third country such as Mexico or South Sudan — if he is freed from custody.
Abrego Garcia became a symbol of the broader fight over Trump-era immigration policies after his wrongful removal to El Salvador, where he faced the threats that had previously convinced an immigration judge to block his deportation.
Although the government claims he has ties to the MS-13 gang, Abrego Garcia has never been charged with gang affiliation and denies any connection.
He was returned to the US last month after legal pressure mounted, including a lawsuit filed by his wife, Jennifer Vasquez Sura, in Maryland.
She is seeking to block any further attempts to deport her husband and is asking for him to be transferred to Maryland to await trial.
Her legal team has also requested a 72-hour hold on any deportation if Abrego Garcia is released from jail in Tennessee.
Following the 2019 court order shielding him from expulsion to El Salvador, Abrego Garcia had been living in Maryland under federal supervision with a valid work permit, regularly reporting to immigration officials.
That supervised release was recently revoked, according to court documents.
US District Judge Paula Xinis in Maryland has not yet ruled on the family’s latest requests.
