NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia will remain in jail for at least a few more days while attorneys in the federal smuggling case against him spar over whether prosecutors have the ability to prevent Abrego Garcia’s deportation if he is released to await trial.
The Salvadoran national whose mistaken deportation became a flashpoint in the fight over President Donald Trump’s immigration policies has been in jail since he was returned to the U.S. on June 7, facing two counts of human smuggling.
A federal Judge has ruled that Abrego Garcia has a right to be released and even set specific conditions during a court hearing on Wednesday for him to live with his brother. But Abrego Garcia’s attorneys expressed concern that it would lead to his immediate detention and possible deportation by U.S. Immigration and Customs Enforcement.
U.S. Magistrate Judge Barbara Holmes also expressed doubts during the hearing about her own power to require anything more than prosecutors using their best efforts to secure the cooperation of ICE.
“I have no reservations about my ability to direct the local U.S. Attorney’s office,” the judge said. “I don’t think I have any authority over ICE.”