Washington — Kilmar Abrego Garcia, a man from El Salvador who was mistakenly deported back to his home country and then returned to the U.S. for federal prosecution, may remain in federal custody as his lawyers and prosecutors disagreed on whether he would be immediately deported upon release while awaiting trial. His legal team requested that a magistrate judge’s order granting him pretrial release be postponed until July 16, the date of his next court appearance. Prosecutors agreed to the delay in a filing on Friday, pending court approval.
Abrego Garcia’s lawyers expressed concerns about conflicting statements from the Justice Department regarding the possibility of deportation before his trial. They requested the delay to prevent his removal and to allow time for the government to clarify its intentions. Abrego Garcia faces human smuggling charges, and the Trump administration had indicated that he would be deported if released prior to trial.
Federal prosecutors indicated that Immigration and Customs Enforcement would detain and potentially deport Abrego Garcia to a third country if released. However, a Justice Department spokesperson later suggested that deportation would occur after his criminal trial. Attorney General Pam Bondi stated that if he is convicted, Abrego Garcia would be sent back to El Salvador after serving his sentence.
Abrego Garcia pleaded not guilty to the charges and was granted release by U.S. Magistrate Judge Barbara Holmes. The Justice Department appealed the decision, but a federal district judge refused to halt his release. Abrego Garcia will remain in U.S. Marshal custody until at least Friday while additional filings are submitted on his release conditions.
A hearing is scheduled for July 16 to review the government’s request to revoke the release order.
