On Monday, a judge in Tennessee decided to delay the release of Kilmar Abrego Garcia, a Maryland father, who is facing migrant-smuggling charges. This delay came after his attorneys argued that the Trump administration’s position on his potential deportation was unclear.
The delay will give lawyers more time to present their case during a scheduled hearing on July 16, 2025.
The Legal Backdrop
Kilmar Abrego Garcia’s legal team, led by his attorneys, asked U.S. Magistrate Judge Barbara D. Holmes to postpone the release order issued earlier.
They raised concerns about the government’s conflicting stance on whether the Department of Homeland Security (DHS) will deport Garcia to a “third country” after his release. These “third countries” are places without connections to the individual being deported.
The lawyers pointed out what they believed were contradictory statements from the government regarding Garcia’s deportation. They feared that he would be sent to a country where he had no ties, even though the U.S. government had earlier said they couldn’t do anything about his return.
The DOJ’s Response
The Department of Justice (DOJ) responded quickly, stating that it had no opposition to delaying the release. The DOJ made it clear that it was dedicated to resolving the case, but that DHS must follow its own process in handling Garcia’s deportation.
In her ruling, Judge Holmes emphasized the importance of due process, making it clear that Garcia is entitled to constitutional rights during this case. This includes ensuring that the government justifies holding him until trial under the Bail Reform Act.
The Mistaken Deportation and Indictment
Abrego Garcia’s case gained attention earlier this year when he was wrongfully deported to El Salvador in March. His deportation occurred due to an administrative mistake, which resulted in him being sent to a notorious work prison in El Salvador without proper legal procedures.
His lawyers have called this deportation “a farce” and insisted that it was an error.
It wasn’t until June 6, 2025, that Garcia was brought back to the United States to face new charges. His return came after a federal grand jury in Tennessee indicted him. His lawyers argue that the government had defied a previous court ruling and failed to provide answers about what was being done to facilitate his return.
Migrant-Smuggling Charges
The migrant-smuggling charges against Garcia are serious. He is accused of conspiring to bring undocumented people into the U.S. from countries like Guatemala, El Salvador, Honduras, and Ecuador.
Garcia and others allegedly transported thousands of undocumented migrants, some of whom were reportedly members of the MS-13 gang. The charges stem from a 2025 traffic stop where Garcia was arrested for driving nine undocumented individuals in his Chevrolet Suburban.
The government claims Garcia should remain in custody because he is a flight risk and a potential danger to the community. ICE officials are also planning to deport him once his case is resolved.
Garcia’s legal team, however, proposed an alternative: that the court order his return to Maryland and prevent ICE from detaining him.
Judge’s Decision
After considering the government’s agreement to delay the release order, Judge Holmes ruled that Garcia should remain in federal custody for the time being. She said Garcia must be kept separately from individuals serving sentences or awaiting appeals.
He should also be allowed private consultations with his legal team. Garcia will remain under the custody of the U.S. Marshals until further orders are issued.
This delay in the release of Kilmar Abrego Garcia marks an important moment in his legal battle against migrant-smuggling charges. With a July 16 hearing scheduled, his defense team will continue to argue that he is entitled to fair treatment under the law.
The conflicting positions of the Trump administration regarding his deportation add complexity to the case, and the next few weeks will be crucial in determining Garcia’s fate.
