A federal judge in Tennessee will hear arguments Wednesday on whether Kilmar Abrego Garcia should remain in detention while awaiting trial on human smuggling charges.
Last month, U.S. Magistrate Judge Barbara Holmes allowed Abrego Garcia’s release under certain conditions. But after federal prosecutors requested a stay, a district judge scheduled a new hearing for the government to present further evidence for his detention.
Government Pushes for Continued Detention
Acting U.S. Attorney Robert E. McGuire argued in court filings that no bail conditions could guarantee public safety or ensure Abrego Garcia would appear at future court dates. McGuire said evidence from a 2022 Tennessee traffic stop, reviewed by a Homeland Security official, supported keeping Abrego Garcia detained.
Abrego Garcia, originally from El Salvador, was deported in March to the CECOT mega-prison despite a 2019 court order barring his removal due to fear of persecution. He was returned to the U.S. last month to face smuggling charges in Tennessee. He has pleaded not guilty.
Risk of Deportation and Further Proceedings
Prosecutors warned that if released, Abrego Garcia would likely be taken into immigration custody and deported to a third country. U.S. Immigration and Customs Enforcement officials have mentioned Mexico and South Sudan as examples of where noncitizens fearing persecution have been sent.
His lawyers are asking the court to require 72 hours’ notice before any potential deportation if he is released on bond.
For more on Garcia’s case, stay tuned to Que Onda Magazine.