Federal prosecutors in Tennessee on Monday asked a magistrate judge for a pre-trial detention hearing in the human smuggling case against Kilmar Abrego Garcia, who was returned to the U.S. from El Salvador on Friday to face charges.
The government argues the charged conspiracy involves transporting undocumented, unaccompanied minors, which entitles them to a detention hearing. Magistrate Judge Barbara Holmes had previously said the charges did not automatically qualify for pre-trial detention and requested additional briefing.
Background on Charges
Abrego Garcia was deported to El Salvador in March 2025 despite a 2019 court order barring his removal due to fears of persecution. His wife and attorneys deny government claims that he was an MS-13 member.
A newly unsealed indictment accuses him of a yearslong conspiracy to smuggle migrants, including minors, from Mexico and Central America into the U.S. The government says minors were sometimes seated on the floorboard of vehicles to fit more paying passengers.
Government’s Arguments
Prosecutors say Abrego Garcia poses a serious risk of flight and might obstruct justice or intimidate witnesses if released. They also argue his alleged MS-13 ties could be used to intimidate co-conspirators.
A Homeland Security agent is expected to testify that Abrego Garcia sometimes traveled with young children as “cover” for smuggling operations.
Legal Fight Over His Return
Abrego Garcia’s lawyers plan to file a response by Wednesday, with arguments set for Friday at his arraignment.
Separately, his attorneys filed a brief in federal court in Maryland arguing that the government must be held accountable for its “blatant, willful, and persistent violations of court orders.”
Judge Paula Xinis had ordered his return to the U.S. in April, a decision affirmed by the Supreme Court. But his lawyers call the government’s claims of compliance “pure farce,” accusing the Trump administration of contempt and defiance.
Ongoing Dispute
Abrego Garcia’s attorneys allege the government brought him back to face charges in Tennessee, rather than to Maryland as ordered, to avoid court sanctions. They also say the administration always had the power to bring him back but claimed otherwise to avoid complying with the court’s injunction.
Justice Department officials point to an indictment filed in May as the reason for his return. Deputy Attorney General Todd Blanche said Friday that the return was based on an arrest warrant and that the Maryland case is now moot.
Abrego Garcia’s lawyers insist the case is still live, with the court retaining authority to ensure he is treated fairly. They also seek discovery to examine whether the government acted in good faith. Judge Xinis had ordered expedited discovery in April to resolve the wrongful deportation dispute.
For more on Abrego Garcia’s wrongful deportation, stay tuned to Que Onda Magazine.