Nashville, Tenn. — Kilmar Abrego Garcia, a Salvadoran national whose case gained national attention after a mistaken deportation under the Trump administration, remains in federal custody as attorneys dispute whether he could face immediate deportation by immigration authorities if released.
Garcia has been held in jail since his return to the U.S. on June 7, facing two federal counts of human smuggling. His detention status was the focus of a recent hearing in Nashville, highlighting a rare jurisdictional conflict between federal prosecutors and immigration officials.
A Judge Rules for Release, But Concerns Linger
During a detention hearing on Wednesday, June 25, U.S. Magistrate Judge Barbara Holmes ruled that Abrego Garcia had a right to be released from jail. She even set specific conditions, including allowing him to live with his brother.
However, this ruling opened the door to a complex problem: the possibility that U.S. Immigration and Customs Enforcement (ICE) could immediately detain Garcia upon his release from federal criminal custody, potentially leading to his swift deportation.
Both Abrego Garcia’s defense attorneys and the federal prosecution expressed concern over this potential scenario. The prosecution argues that keeping Garcia in jail is necessary to ensure he remains in the country to face the smuggling charges.
Federal Agencies at Odds
The hearing revealed tension between the Department of Justice (DOJ), represented by Acting U.S. Attorney Rob McGuire, and the Department of Homeland Security (DHS), which oversees ICE.
McGuire told Judge Holmes he would make his “best effort” to secure cooperation from DHS but acknowledged, “That’s a separate agency with separate leadership and separate directions. I will coordinate, but I can’t tell them what to do.”
Judge Holmes herself voiced doubt about her judicial power to compel ICE’s cooperation, stating, “I have no reservations about my ability to direct the local U.S. Attorney’s office… I don’t think I have any authority over ICE.”
Abrego Garcia’s attorney, Sean Hecker, countered this, pointing out that DOJ and DHS are both part of the executive branch and have cooperated on other aspects of the case, such as agreeing not to deport cooperating witnesses testifying against Garcia.
Higher Court Denies Stay, Cites “Government’s Own Making”
Federal prosecutors attempted to secure a stay on Judge Holmes’ release order, but this was denied by U.S. District Judge Waverly D. Crenshaw, Jr. on the same day.
In a pointed ruling, Judge Crenshaw wrote that the government was asking the court to “save it from itself” in a situation that was “completely of its own making.” He suggested that the DOJ should be addressing the issue with DHS directly, as the two departments could collectively prevent the feared outcome.
“If the Government finds this case to be as high priority as it argues here,” Crenshaw wrote, “it is incumbent upon it to ensure that Abrego is held accountable for the charges in the Indictment. If the Department of Justice and DHS cannot do so, that speaks for itself.”
Despite denying the stay, Judge Crenshaw will allow prosecutors to file a brief supporting a motion to revoke the magistrate judge’s release order. An evidentiary hearing on that motion is scheduled for July 16.
Background of the Case
Kilmar Abrego Garcia pleaded not guilty on June 13 to the human smuggling charges. His attorneys have characterized these charges as an attempt to retroactively justify his mistaken deportation in March to a dangerous prison in El Salvador.
The charges stem from a 2022 traffic stop in Tennessee where Garcia was driving a vehicle with nine passengers. Notably, a Homeland Security special agent testified that the investigation into Garcia did not begin until April of this year, after his mistaken deportation.
In her earlier ruling allowing for release, Judge Holmes determined that prosecutors had failed to prove Garcia was a flight risk or a danger to the community. He has resided in Maryland for over a decade with his American wife and their three children.
Judge Holmes acknowledged that her release ruling felt “little more than an academic exercise” given ICE’s stated intention to detain him. While Garcia cannot be deported back to El Salvador due to a credible threat finding, he remains potentially deportable to a third country willing to accept him without sending him to El Salvador.
Family’s Struggle Continues
The protracted legal battle and Garcia’s continued detention have taken a significant toll on his family. His wife, Jennifer Vasquez Sura, spoke before the recent hearing, stating it had been 106 days since he was “abducted by the Trump administration and separated from our family.”
She spoke emotionally about him missing family milestones, including birthdays, graduations, Father’s Day, and their wedding anniversary, which fell on the day of the hearing. Despite the hardship, she credited their love, faith, and community support for helping them persevere.
“Kilmar should never have been taken away from us,” Vasquez Sura stated, calling the fight “the hardest thing in my life.”
The case continues to underscore the complex intersection of criminal prosecution and immigration enforcement, particularly when federal agencies appear unable to align their objectives. Garcia’s fate hangs in the balance as the legal and inter-agency disputes unfold.
