A federal judge in Tennessee appeared unconvinced on Wednesday by the Department of Justiceʼs push to keep Kilmar Abrego Garcia in jail ahead of trial, but stopped short of issuing a ruling, delaying a decision that could determine whether the Salvadoran national is once again removed from the United States.
U.S. District Judge Waverly Crenshaw said he was “having a hard time” with the government’s claim that no set of release conditions could protect the community, signaling he may be leaning toward granting bond. Crenshaw added that no decision would come until next week, extending the legal uncertainty surrounding a case that has drawn national attention.
“Obviously, the court is going to look at the issues … I’m having a hard time understanding your argument that there is by clear and convincing evidence no conditions that could control the danger posed by the defendant … that’s a pretty high standard,” said Crenshaw, an appointee of former President Barack Obama.
Abrego Garcia, 29, is charged with two counts of human smuggling and has pleaded not guilty. Defense attorneys say he was unlawfully deported to El Salvador in March in violation of a 2019 immigration court order that found he would face gang-related persecution there. After the Supreme Court stepped in, the Trump administration eventually returned him to the United States in June, where he was promptly indicted and detained.
Prosecutors have said Abrego Garcia is affiliated with MS-13 and poses a danger to the public. But his defense team says if he is released, the Department of Homeland Security will move to deport him again, likely to a “third country” such as Mexico or South Sudan, before he can exercise his right to trial.
At the same time, a separate federal court in Maryland has not yet ruled in a civil lawsuit on whether to require DHS to give more advance notice before attempting any removal. U.S. District Judge Paula Xinis is considering a request to mandate 72 hours’ notice, a move that could temporarily stall deportation proceedings if Abrego Garcia is released.
Xinis, also an Obama appointee, has previously signaled concern about the government’s intentions, warning during a prior hearing that he could be “whisked out of the country” before legal challenges can be resolved. Her ruling could come soon, though some legal experts were perplexed as to why she did not rule before Wednesday’s hearing in Tennessee, given that last week, she had signaled her intention to do so.
During Wednesday’s hearing in Nashville, prosecutors again relied on testimony from Homeland Security Investigations Agent Peter Joseph and introduced evidence related to a 2022 traffic stop in Tennessee, when Abrego Garcia was allegedly transporting nine illegal immigrant passengers. A key exhibit for the government, an image of a handwritten “roster” that a state trooper asked the passengers to write with their names and birth years, has been criticized by the defense and by a magistrate judge for lacking reliability.
Crenshaw likewise signaled skepticism when shown the image of the alleged passenger list, according to a reporter who was inside the courtroom.
Acting U.S. Attorney Robert McGuire argued the case before Crenshaw, continuing his hands-on involvement in the proceedings. No defense witnesses were called.
KILMAR ABREGO GARCIA BACK IN COURT AS SECOND DEPORTATION STAKES RISE
Jennifer Vasquez Sura, Abrego Garcia’s wife, also a plaintiff in the Maryland civil suit, attended the hearing but did not speak to the press.
With no decision from either judge, the case remains at a standstill. A ruling from Crenshaw next week could determine whether Abrego Garcia walks free and whether DHS can act immediately to remove him from the country.
