Kilmar Abrego Garcia to stay in jail as lawyers spar over potential deportation if he is released pending trial
By Melissa Quinn, Jacob Rosen
Updated on: June 25, 2025 / 6:32 PM EDT / CBS News
Washington — Kilmar Abrego Garcia, the Salvadoran man who was deported back to his home country and then returned to the U.S. for federal prosecution, is set to remain in jail until at least Friday, as lawyers debate whether the Justice Department can stop him from being deported if he is released from federal custody pending his trial on human smuggling charges.
Lawyers for Abrego Garcia and federal prosecutors met in court in Nashville on Wednesday for a hearing to discuss the conditions of his release after U.S. Magistrate Judge Barbara Holmes on Sunday denied a Justice Department request to keep Abrego Garcia detained while awaiting a criminal trial.
After Wednesday's hearing, Holmes ordered Abrego Garcia's lawyers to file court papers laying out their arguments by noon on Thursday, and gave the government until noon on Friday to respond. Holmes said she will issue a ruling at some point after that. Until then, Abrego Garcia will remain in the custody of the U.S. Marshals.
In her decision over the weekend, Holmes said Abrego Garcia should be released, with certain conditions. But she noted, and lawyers for both sides acknowledged, that the Salvadoran man would likely be detained by federal immigration authorities for removal proceedings if released on criminal charges.
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