Kilmar Abrego Garcia Remains in U.S. as Judge Weighs Detention Case

Kilmar Abrego Garcia Remains in U.S. as Judge Weighs Detention Case

On Wednesday, Salvadoran migrant Kilmar Abrego Garcia appeared in federal court in Tennessee for a second detention hearing. A federal judge agreed to hear an appeal from the Justice Department seeking to keep him in criminal custody pending trial.

The Justice Department’s request to U.S. District Judge Waverly Crenshaw came after months of confusing statements from the Trump administration regarding Abrego Garcia’s situation. He was mistakenly deported to El Salvador in March, contrary to a court order, and returned to the U.S. three months later, in June.

Robert McGuire, the acting U.S. attorney for the Middle District of Tennessee, urged Judge Crenshaw in a pre-hearing court filing to maintain Abrego Garcia’s detention. McGuire argued that “there is no combination of bail conditions that can reasonably assure either the safety of the community or the defendant’s appearance in future court proceedings.”

After about three hours of discussions, Judge Crenshaw announced that he would take the case under advisement, indicating a thorough review of the evidence would follow. He cautioned both parties that a ruling should not be expected imminently, or even within the week, although he indicated that an order might emerge the following week.

This extended timeline likely provides welcome relief for Abrego Garcia’s legal team. They continue to await an order from U.S. District Judge Paula Xinis in Maryland to bar ICE from initiating deportation proceedings against their client pending resolution of his U.S. criminal case.

Potential Restraining Order from Maryland

Judge Xinis, who has presided over the civil case since March, suggested after a lengthy evidentiary hearing that she plans to issue a temporary restraining order. This order would require ICE to keep Abrego Garcia in custody for a specified period before any potential deportation to a third country, which might include Mexico or South Sudan.

Wednesday’s hearing echoed Abrego’s arraignment in June, managed by U.S. Magistrate Judge Barbara Holmes. Judge Holmes had ruled for Abrego Garcia’s release pending trial in the criminal matter, but later consented to a request from his attorneys to avoid immediate deportation by keeping him in federal custody.

Holmes amended her original order based on concerns from Abrego Garcia’s legal team. They cited potential dangers that ICE would promptly take him into custody for deportation upon his release.

Judge Crenshaw Evaluates Evidence

As Wednesday’s hearing progressed into its third hour, few new pieces of evidence or testimony surfaced that might convince Judge Crenshaw to deviate from Judge Holmes’s initial ruling regarding release. He expressed difficulty understanding the government’s claim that “clear and convincing evidence” existed proving that no conditions set by the community could mitigate the danger Abrego might pose ahead of his trial.

“That’s a pretty high standard,” Crenshaw commented, indicating skepticism toward the government’s arguments.

Limited Witnesses at the Hearing

The government planned to call only one witness, Homeland Security Investigations Agent Peter Joseph, who had served as the sole witness in the previous hearing as well. In contrast, Abrego Garcia’s attorneys declared they would not present any witnesses, highlighting the Justice Department’s conflicting statements about its approach to Abrego Garcia, who is involved in simultaneous hearings in both Maryland and Tennessee.

Following months of delays, the Trump administration facilitated Abrego Garcia’s return to the U.S., where he was immediately faced with a newly unsealed federal indictment related to a 2022 traffic stop in Tennessee. Abrego Garcia pleaded not guilty to these charges, resulting in U.S. Magistrate Judge Barbara Holmes ordering his release pending trial.

Shifting Position of the Justice Department

Last week, senior Justice Department officials, alongside ICE representatives, acknowledged their plan to initiate removal proceedings to deport Abrego Garcia to a third country. This disclosure deviated from earlier commitments made by U.S. officials, including Attorney General Pam Bondi, who asserted that Abrego would remain in U.S. custody throughout his trial and any subsequent imprisonment.

During a court session last week, Judge Xinis inquired whether the government intended to keep Abrego Garcia in ICE custody until his case concluded in Tennessee. The Justice Department’s response was straightforward.

“No,” attorney Jonathan Guynn replied, clarifying that there would be no intention to leave him in custody indefinitely while awaiting the resolution of the criminal case. He stated convincingly that Abrego Garcia would be removed, just as any other illegal alien would be.

Seeking Sanctions Against the Trump Administration

This second detention hearing in Tennessee followed a request from Abrego Garcia’s legal team asking Judge Xinis to impose sanctions on the Trump administration due to its “egregious” and “repeated violations” related to discovery obligations.

Judge Xinis has also pushed Justice Department officials for clear answers regarding when a federal investigation into Abrego Garcia began in a separate district in Tennessee. She queried how the timing of this investigation correlated with the government’s earlier statements in her court.

Xinis pointed out that the government admitted to beginning its investigation of Abrego Garcia in the Middle District of Tennessee on April 28, 2025, precisely when officials claimed they were unable to order a foreign government to return him in compliance with a court order.

“At the same time that [the government] was saying it had ‘no power to produce’ Abrego Garcia in the U.S., Trump administration officials had already secured an indictment against him in the Middle District of Tennessee,” Xinis asserted, challenging the credibility of the administration’s explanations.

“Now I have real concerns — as if I haven’t for the last three months,” Xinis noted in her response.

Next Steps in the Ongoing Legal Battle

Given the series of unlawful actions involved, Xinis expressed her authority to order this hearing. She suggested that multiple hearings might follow to allow testimony from at least one witness with firsthand knowledge who could clarify the immediate procedural steps the government intends to take pending Abrego Garcia’s release from custody.