Abrego Garcia to Stay in Jail for at Least a Month as Judge Dismisses Trump's Danger Claim

Federal Judge Upholds Decision to Keep Kilmar Abrego Garcia in Custody

A federal judge in Tennessee has ruled against reversing a previous decision that allowed Kilmar Abrego Garcia to remain free while awaiting trial on human smuggling charges. However, the ruling means he will continue to be held in custody for at least another month. The decision was made by U.S. District Judge Waverly Crenshaw, who determined that prosecutors had not provided sufficient evidence to prove that Abrego Garcia poses a danger to others or the community if released.

In a 37-page ruling, Crenshaw stated that general claims about the crimes Abrego Garcia is accused of and the evidence supporting those charges do not establish his dangerousness. This decision came after the Trump administration requested that the ruling be overturned. The original decision was made by a magistrate judge in Nashville, Barbara Holmes, who also found that prosecutors had not presented a strong case for keeping Abrego Garcia in jail.

Holmes later issued another ruling that extended Abrego Garcia’s detention for at least 30 more days. This was based on an unopposed request from his lawyers, who wanted to ensure that removal proceedings would not begin immediately upon his release. The lawyers argued that this move would help protect Abrego Garcia’s legal rights during the ongoing criminal case.

At the same time, a third judge in Maryland, U.S. District Judge Paula Xinis, issued a ruling that prevents the government from quickly deporting Abrego Garcia if he is released from criminal custody. Xinis, an Obama appointee, is overseeing a civil case brought by Abrego Garcia and his family regarding his wrongful deportation earlier this year to El Salvador. Her ruling aims to restore Abrego Garcia to the immigration status he had before his deportation in mid-March and to protect his due process rights should officials attempt to remove him again.

“These rulings are a powerful rebuke of the government’s lawless conduct and a critical safeguard for Kilmar’s due process rights,” said Simon Sandoval-Moshenberg, one of Abrego Garcia’s attorneys. “After the government unlawfully deported him once without warning, this legal protection is essential.”

Xinis has prohibited the Trump administration from taking Abrego Garcia into U.S. Immigration and Customs Enforcement (ICE) custody once he is released from criminal custody. She ordered officials to return him to the supervision of the ICE Baltimore Field Office, which was his status prior to his deportation. Under this supervision, Abrego Garcia was allowed to work and live in Maryland with occasional check-ins with an immigration officer.

The judge also emphasized that the government must follow constitutional and legal procedures if it intends to deport Abrego Garcia to a third country. If officials plan to send him to a nation other than El Salvador, they must provide his lawyers with at least 72 hours’ notice. This allows him to raise any claims of credible fear or seek other legal relief available under the law and the Constitution.

Abrego Garcia, a father of three, was wrongly deported to El Salvador in mid-March, sparking a months-long legal battle. A court order from a 2019 immigration judge already bars the government from removing him to El Salvador. He was returned to the U.S. last month to face federal human smuggling charges in Tennessee.

Currently, Abrego Garcia is in pre-trial detention in Tennessee but could soon be released and transferred to the Department of Homeland Security. His attorneys have raised concerns that the Trump administration might attempt to deport him quickly once he is out of criminal custody. The government has been inconsistent in recent weeks about whether it plans to proceed with deportation before his trial.

“All we’re trying to do for today is ensure that there is no constitutional violation,” said Andrew Rossman, one of Abrego Garcia’s attorneys, during a recent court hearing.