NATIONAL NEWS

Judge will consider releasing Kilmar Abrego Garcia from jail, possibly leading to his deportation

Jul 16, 2025, 9:00 AM | Updated: 11:10 am

Supporters of Kilmar Abrego Garcia rally outside of the U.S. District Court in Greenbelt, Md., wher...

Supporters of Kilmar Abrego Garcia rally outside of the U.S. District Court in Greenbelt, Md., where a hearing was scheduled to be held on returning him to Maryland, Monday, July 7, 2025. (AP Photo/Mark Schiefelbein)
Credit: ASSOCIATED PRESS

(AP Photo/Mark Schiefelbein)

NASHVILLE, Tenn. (AP) — A federal judge in Tennessee could rule Wednesday on whether to release Kilmar Abrego Garcia from jail to await trial on human smuggling charges, a decision that could allow President Donald Trump’s administration to try to deport the Maryland construction worker for a second time.

Lawyers for the Justice Department have said U.S. Immigration and Customs Enforcement will detain Abrego Garcia if he’s freed. ICE officials have said they will initiate deportation proceedings against the Salvadoran national and will possibly try to send him to a third country such as Mexico or South Sudan.

Abrego Garcia became a flashpoint over the Republican Trump’s immigration policies when he was wrongfully deported to his native El Salvador in March. That expulsion violated a U.S. immigration judge’s 2019 order that shields Abrego Garcia from deportation to El Salvador because he likely faces threats of gang violence there.

The Trump administration claimed Abrego Garcia was in the MS-13 gang, although he wasn’t charged and has repeatedly denied the allegation. Facing mounting pressure and a U.S. Supreme Court order, the administration returned Abrego Garcia to the U.S. last month to face the smuggling charges, which his attorneys have called “preposterous.”

U.S. District Judge Waverly D. Crenshaw Jr. scheduled a hearing in Nashville to consider the matter of releasing Abrego Garcia from jail to await his trial.

Waverly will review last month’s order by U.S. Magistrate Judge Barbara Holmes in Nashville to free Abrego Garcia. Holmes determined that Abrego Garcia was not a flight risk or a danger to the community and set various conditions for his release, including wearing an ankle bracelet and living with his brother in Maryland.

Waverly scheduled Wednesday’s hearing following a motion by federal prosecutors to revoke Holmes’ release order. The prosecutors argue Abrego Garcia is a flight risk and a danger to the community.

Holmes has kept Abrego Garcia in jail at the request of his lawyers over concerns the Trump administration will try to deport him upon release. The attorneys asked Holmes to keep him in jail until Wednesday’s hearing before Waverly to review her release order.

The smuggling case stems from a 2022 traffic stop for speeding, during which Abrego Garcia was driving a vehicle with nine passengers. Police in Tennessee suspected human smuggling, but he was allowed to drive on.

Abrego Garcia lived and worked in Maryland for more than a decade, doing construction and raising a family. Abrego Garcia’s American wife, Jennifer Vasquez Sura, is suing the Trump administration in federal court in Maryland over his wrongful deportation in March, while trying to prevent any attempts to expel him again.

Abrego Garcia’s attorneys have asked U.S. District Judge Paula Xinis in Maryland to order the government to send him to Maryland if he’s released in Tennessee, a request that aims to prevent his expulsion before trial.

In court on Friday, Abrego Garcia’s attorneys also asked for at least a 72-hour hold that would prevent his immediate deportation. Attorney Andrew Rossman called it the “critical bottom-line protection” needed to prevent a potentially egregious violation of due process rights.

Xinis didn’t rule from the bench Friday but said she’d issue an order before Waverly’s hearing on Wednesday.

If Abrego Garcia is released into ICE custody, his lawyers have vowed to fight expulsion efforts within the U.S. immigration court system, which is part of the Justice Department.

___

Finley reported from Norfolk, Va.

National News

fort stewart georgia shooting...

Associated Press

5 soldiers shot before arrest made at Army’s Fort Stewart in Georgia

Five soldiers were shot Wednesday at Fort Stewart in Georgia, leading to a lockdown at the Army base before the shooter was arrested, officials said.

8 hours ago

Titan...

Associated Press

Titan sub disaster was caused by weak safety and oversight, Coast Guard says

The Coast Guard said the Titan sub disaster was caused by weak safety and oversight.

1 day ago

Texas...

Associated Press

Why dozens of Democrats left Texas and how Republicans want to punish them

Dozens of Democratic state lawmakers in Texas have scattered to points across the country.

2 days ago

The U.S. Capitol, Wednesday, July 16, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson)Credit...

Associated Press

August recess can’t hide tensions ahead for Congress on spending and Trump nominations

WASHINGTON (AP) — Lawmakers have left Washington for the annual August recess, but a few weeks of relative quiet on the U.S. Capitol grounds can’t mask the partisan tensions that are brewing on government funding and President Donald Trump’s nominees. It could make for a momentous September. Here’s a look at what’s ahead when lawmakers […]

2 days ago

FILE - Damage can be seen to a front window as law enforcement officers work the scene of a shootin...

Associated Press

Arkansas man sentenced to life without parole for 2024 mass shooting at grocery store

FORDYCE, Ark. (AP) — An Arkansas man who killed four people and injured 11 others last year in a mass shooting at a grocery store was sentenced Monday to life in prison without parole. A state judge sentenced Travis Eugene Posey to four life sentences for each count of capital murder. Posey was also sentenced […]

2 days ago

Sen. Mitch McConnell, R-Ky., speaks at the annual Fancy Farm picnic Saturday, Aug. 2, 2025, in Fanc...

Associated Press

Mitch McConnell’s legacy comes under fire in Kentucky race to replace him in the Senate

CALVERT CITY, Ky. (AP) — Republican Nate Morris had deftly warmed up a crowd of party faithful, gushing about President Donald Trump and recounting his own life’s journey — from hardscrabble childhood to wealthy entrepreneur — when he turned his attention to the man he wants to replace, Sen. Mitch McConnell. That’s when things got […]

2 days ago

Judge will consider releasing Kilmar Abrego Garcia from jail, possibly leading to his deportation