Legal Battle Continues for Kilmar Abrego Garcia's Return to Maryland

Kilmar Abrego Garcia's legal team is requesting that a federal judge postpone his release from custody by 30 days if the judge denies the government's attempt to keep him detained as he awaits trial. The reason for this request is to allow Abrego Garcia some time to consider his legal options in light of the likely moves by the Department of Homeland Security to initiate deportation proceedings against him.

His lawyers indicated that if the judge refuses the government's motion for revocation, there is a high likelihood that Abrego Garcia would be transferred into the custody of the Department of Homeland Security, signaling the start of removal proceedings. The Justice Department has expressed no objection to the 30-day delay, asserting that it wouldn’t hinder their preparations leading up to Abrego Garcia's trial set for January.

In May, a federal grand jury in Tennessee indicted Abrego Garcia on two counts of human smuggling, accusations to which he has pleaded not guilty. His immigration history is complicated; he was deported to El Salvador in March but was later allowed to return after authorities admitted that his removal was based on faulty information. Despite an immigration judge previously granting him protection against deportation due to concerns about gang violence in El Salvador, his case became embroiled in legal challenges, including a civil lawsuit aimed at contesting his removal.

Following his return to the U.S. to face criminal charges, there were apprehensions regarding the possibility of his immediate detention by immigration services as he awaits trial. Recently, a federal magistrate judge ordered his release from federal custody, but this sparked concerns about his rapid detention by DHS and the potential for deportation. The judge overseeing the case, Waverly Crenshaw, has yet to make a ruling on the government’s appeal regarding his release.

Meanwhile, in a separate civil case in Maryland, Abrego Garcia's attorneys are pushing for his immediate return to Maryland after his release from criminal custody, while also requesting a legal barrier against the Trump administration that would prevent his deportation. The judge in this case has not yet made a decision on the requests submitted by Abrego Garcia’s legal representatives.