NASHVILLE, Tenn. — A federal judge is set to make a significant ruling regarding Kilmar Abrego Garcia, a Maryland construction worker facing human smuggling charges. The decision, expected Wednesday, could determine whether Abrego Garcia is released from jail or remains detained while awaiting trial. His case has become emblematic of the broader immigration policy debates under the previous Trump administration.
Lawyers representing the U.S. Department of Justice have indicated that if Garcia is released, U.S. Immigration and Customs Enforcement (ICE) will take him into custody. ICE plans to pursue deportation proceedings against the Salvadoran national, potentially facilitating his relocation to a third country, such as Mexico or South Sudan.
Abrego Garcia’s situation escalated when he was wrongfully sent back to El Salvador in March, contradicting a 2019 ruling by a U.S. immigration judge that prohibited his deportation due to fears of gang violence. The Trump administration labeled him as part of the MS-13 gang, a claim he has continuously denied and for which he has never been charged. Under pressure from various quarters, including a U.S. Supreme Court directive, he was returned to the U.S. last month to address the smuggling allegations, which his legal team describe as “preposterous.”
U.S. District Judge Waverly D. Crenshaw Jr. is reviewing the case after U.S. Magistrate Judge Barbara Holmes previously ordered that Garcia be released. Holmes determined that Garcia did not pose a flight risk or threat to the community, subject to conditions including wearing an ankle monitor and residing with his brother in Maryland.
Federal prosecutors filed a motion to revoke this release order, arguing that Garcia represents both a flight risk and a potential danger to the community. In light of these concerns, Holmes opted to keep him in custody ahead of Wednesday’s hearing, requesting the extra time to evaluate her previous ruling.
The origins of the smuggling case date back to a 2022 traffic violation, where Garcia, pulled over for speeding, was transporting nine passengers. Although the police suspected human smuggling, he was permitted to continue driving without being charged.
Garcia has lived in Maryland for over a decade, contributing to the workforce while building a family. His wife, Jennifer Vasquez Sura, is currently suing the Trump administration in federal court in Maryland following his wrongful deportation, aiming to prevent further attempts at his expulsion.
Garcia’s legal team has also requested that if he is released, he should be sent to Maryland to avoid deportation before trial. At a recent court session, his attorneys argued for a temporary hold of at least 72 hours post-release, a protective measure they believe is crucial to ensuring fairness in the judicial process.
The judge did not issue an immediate ruling during the hearing but indicated she would provide her decision before Crenshaw’s Wednesday hearing. Should Garcia be placed in ICE custody following his release, his lawyers are prepared to contest any deportation efforts within the U.S. immigration court framework.
This unfolding legal battle illustrates the ongoing complexities surrounding immigration policy in the U.S., especially concerning individuals facing serious allegations after unfair treatment under prior administration guidelines.
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