One day after a judge outlined possible bail conditions for Kilmar Abrego Garcia, his attorneys filed an emergency motion requesting his return to Maryland while he awaits trial. Garcia, accused of human smuggling, had been deported earlier this year to El Salvador’s controversial CECOT mega-prison despite a 2019 court order prohibiting his removal to that country due to fears of persecution. He was brought back to the U.S. earlier this month to face charges in Tennessee.
Federal prosecutors revealed that if released on bond, Garcia would be placed in ICE custody and potentially deported—not to El Salvador, but to an unspecified third country. When questioned by U.S. District Judge Paula Xinis, government attorney Jonathan Guynn admitted there were “no imminent plans” or specific timelines for his removal.
During a Maryland scheduling conference, Xinis expressed concern about the government’s intentions and asked clarifying questions about deportation timelines. Garcia’s legal team argued that without court intervention, the government could quickly transfer him far from Maryland, complicating his legal defense and separating him from his wife and children.
Garcia’s emergency motion seeks to prevent the government from removing him from the continental U.S. or relocating him out of Maryland. His legal team emphasized the urgency of the matter, warning that government action could occur swiftly unless the court intervenes.
In Tennessee, Magistrate Judge Barbara Holmes ruled that Garcia has a right to pretrial release. She determined he is neither a flight risk nor a threat to public safety, and approved his release under conditions including residence with his U.S. citizen brother in Maryland.
However, Judge Holmes delayed the release out of concern that ICE might deport Garcia before his trial proceeds. She acknowledged her lack of authority over ICE actions, stating that her jurisdiction did not extend to immigration enforcement decisions.
The broader context includes growing concerns about DHS’s recent practice of deporting migrants not to their home countries but to unstable regions like South Sudan and Libya. Garcia’s legal struggle reflects the intersection of immigration policy, judicial authority, and prosecutorial discretion amid increasingly complex legal and humanitarian issues.
