NASHVILLE, Tenn. (AP) — Lawyers representing Kilmar Abrego Garcia sought to undermine the government’s human smuggling case against him during a hearing on Wednesday. A federal judge indicated he would not make a ruling on Garcia's release from jail this week, a decision that could lead to his deportation.
Garcia became a central figure in the contentious debate surrounding Donald Trump's immigration policies after he was wrongfully deported to El Salvador in March. This removal breached a U.S. immigration judge's 2019 order which had protected him from being sent back due to fears of gang violence in El Salvador.
Amid growing political pressure and following a U.S. Supreme Court directive, the Republican administration returned Garcia to the United States last month to face the smuggling charges, which his legal team labeled as “preposterous.” The case heavily relies on testimony from cooperating witnesses, many of whom have sought or received assistance regarding their immigration and criminal situations in exchange for their statements.
During the proceedings on Wednesday, Homeland Security special agent Peter Joseph testified that he was unaware a lead witness against Garcia was contacting other witnesses from jail. When queried about the possibility of coordinated testimony among the witnesses—three of whom are related—Joseph admitted, “That’s always a possibility.”
The charges against Garcia originated from a 2022 traffic stop for speeding while he was driving a vehicle that contained nine passengers. Although police suspected human smuggling, he was permitted to continue driving at that time.
The Trump administration has claimed that Garcia was affiliated with the MS-13 gang, an allegation he has consistently denied. He has detailed in court documents the physical and psychological abuses he suffered in a notorious prison in El Salvador, a claim which has been disputed by the country’s president.
In a hearing last month, U.S. Magistrate Judge Barbara Holmes found Garcia eligible for release from jail but opted to keep him incarcerated at the request of his attorneys. They were concerned that U.S. officials would detain him immediately and initiate deportation proceedings a second time. Prosecutors on Wednesday encouraged U.S. District Judge Waverly Crenshaw to overturn Judge Holmes' recommendation, arguing that Garcia should not be released, and Crenshaw indicated he would likely issue a ruling on this matter next week.
Concurrently, Garcia’s immigration lawyers have requested U.S. District Judge Paula Xinis in Maryland to mandate that the government transport him to that state if he is released, which aims to prevent his immediate expulsion prior to the trial. Judge Xinis is managing a lawsuit filed by Garcia’s American wife, Jennifer Vasquez Sura, regarding his wrongful deportation in March.
Last Friday in court, Garcia's attorneys also sought Judge Xinis’ intervention to secure at least a 72-hour hold on any potential deportation following his release from jail. Judge Xinis has yet to make a decision on this request.
If Garcia ends up released into U.S. Immigration and Customs Enforcement (ICE) custody, his legal representatives have promised to contest any forthcoming deportation efforts within the U.S. immigration court system, which falls under the umbrella of the Justice Department.
This report has been amended to clarify that the surname of the district judge is Crenshaw, not Waverly.
— Finley reported from Norfolk, Virginia.
