Salvadoran National Kilmar Abrego Garcia Faces Deportation Debate

Kilmar Abrego Garcia, a Salvadoran national, will remain in jail for at least a few more days as attorneys in his federal smuggling case debate whether prosecutors can prevent his deportation if he is released to await trial. Abrego Garcia has been in jail since his return to the U.S. on June 7, facing two counts of human smuggling. His mistaken deportation had previously sparked controversy in the debate over immigration policies under President Donald Trump.

A federal judge has ruled that Abrego Garcia has the right to be released and set specific conditions for him to live with his brother. However, his attorneys expressed concerns that his release could lead to his immediate detention and possible deportation by U.S. Immigration and Customs Enforcement (ICE). U.S. Magistrate Judge Barbara Holmes also expressed doubts about her authority to require more from prosecutors than their best efforts to secure ICE's cooperation.

“I have no reservations about my ability to direct the local U.S. Attorney’s office,” Judge Holmes stated. “I don’t think I have any authority over ICE.” She did not specify when she would file the release order for Abrego Garcia, but it will not happen before Friday afternoon.

The court hearing revealed a conflict between two federal agencies within the Trump administration. Acting U.S. Attorney Rob McGuire argued that one reason for keeping Abrego Garcia in jail is to ensure he remains in the country and isn’t deported by ICE. McGuire acknowledged that he could coordinate with the Department of Homeland Security, which includes ICE, but he could not dictate their actions.

In contrast, Abrego Garcia’s attorney, Sean Hecker, pointed out that the Department of Justice and Homeland Security are both within the executive branch and often cooperate on other matters. For instance, ICE has agreed not to deport cooperating witnesses who agreed to testify against Abrego Garcia. Federal prosecutors had attempted to stay Holmes’ release order, but it was denied by another federal judge, who criticized the government for asking the court to “save it from itself” in a situation that was “completely of its own making.”

U.S. District Judge Waverly D. Crenshaw, Jr. wrote that federal prosecutors should be making their arguments to the Department of Homeland Security, not a court, “because the Department of Justice and DHS can together prevent the harm the Government contends it faces.” Crenshaw allowed prosecutors to file a brief in support of a motion to revoke the magistrate’s release order, with an evidentiary hearing scheduled for July 16.

Abrego Garcia pleaded not guilty on June 13 to smuggling charges that his attorneys have described as an attempt to justify his mistaken deportation in March to a notorious prison in El Salvador. These charges arose from a 2022 traffic stop for speeding in Tennessee, during which Abrego Garcia was driving a vehicle with nine passengers. At his detention hearing, Homeland Security special agent Peter Joseph testified that he did not begin investigating Abrego Garcia until April of this year.

Judge Holmes wrote in a ruling on Sunday that federal prosecutors failed to show that Abrego Garcia was a flight risk or a danger to the community. He has lived for more than a decade in Maryland, where he and his American wife are raising three children. However, Holmes noted that ICE plans to detain him, and it is unclear what will happen afterward. Although Abrego Garcia cannot be deported to El Salvador, he is still deportable to a third country as long as that country agrees not to send him to El Salvador.

Abrego Garcia’s wife, Jennifer Vasquez Sura, expressed her anguish during a news conference before Wednesday’s hearing, stating that it has been 106 days since he “was abducted by the Trump administration and separated from our family.” She highlighted that he has missed family birthdays, graduations, and Father’s Day, and on the day of the hearing, he missed their wedding anniversary. Vasquez Sura emphasized that their love, faith in God, and community support have helped them endure this difficult time. “Kilmar should never have been taken away from us,” she said. “This fight has been the hardest thing in my life.”