NASHVILLE, Tenn. (AP) — Lawyers for Kilmar Abrego Garcia on Wednesday tried to poke holes in the human smuggling case the government is pursuing against him in Tennessee, while a federal judge said he won’t rule this week on freeing Abrego Garcia from jail, a decision that could precipitate his deportation.
Abrego Garcia became a flashpoint in the debate over President Donald 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.
Facing mounting pressure and a U.S. Supreme Court order, the Republican administration returned Abrego Garcia to the U.S. last month to face the smuggling charges, which his attorneys have called “preposterous.” That case relies on the testimony of cooperating witnesses, several of whom have either requested or received help with immigration and criminal matters in return for their statements, according to earlier testimony.
Under questioning on Wednesday, Homeland Security special agent Peter Joseph said he was unaware that a lead witness against Abrego Garcia was calling other witnesses from jail. Asked whether there was reason to believe they might have coordinated their testimony, Joseph noted that three of the witnesses are related.
“That’s always a possibility,” he said.
The charges stem 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.
The Trump administration has claimed Abrego Garcia was in the MS-13 gang, but that is not part of the charges against him and he has repeatedly denied the allegation. Abrego Garcia has said in court documents that he was beaten and subjected to psychological torture in a notorious El Salvador prison, while El Salvador’s president has denied those allegations.
U.S. Magistrate Judge Barbara Holmes in Nashville ruled last month that Abrego Garcia is eligible for release but has kept Abrego Garcia in jail at the request of his own lawyers after U.S. officials said he would be immediately detained and targeted for expulsion for the second time. At Wednesday’s hearing, prosecutors asked U.S. District Judge Waverly Crenshaw to revoke Holmes’ opinion and rule that Abrego Garcia cannot be released. Crenshaw said he would likely rule on the matter next week.
Meanwhile, Abrego Garcia’s immigration attorneys have asked U.S. District Judge Paula Xinis in Maryland to order the government to send him to that state if he’s released, a request that aims to prevent his expulsion before trial.
Xinis is overseeing a lawsuit against the Trump administration that was filed by Abrego Garcia’s American wife, Jennifer Vasquez Sura, over his wrongful deportation in March. Abrego Garcia lived in Maryland, just outside of Washington, for more than a decade, working construction and raising a family.
In court last Friday, Abrego Garcia’s attorneys also asked Xinis to prevent his immediate deportation if he were released from jail by ordering a hold of at least 72-hours. Xinis has not ruled on the matter.
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.
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This story has been corrected to show the district judge’s surname is Crenshaw, not Waverly.
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Finley reported from Norfolk, Virginia.
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