NASHVILLE, Tenn. (WTVF) — A federal judge is weighing whether to keep Kilmar Abrego Garcia behind bars as he faces human smuggling charges in Tennessee.
Judge Waverly Crenshaw heard two hours of testimony on Tuesday but said he won't issue a ruling until next week on whether to overturn a previous decision that would have allowed Abrego Garcia's release with conditions, including ankle monitoring.
During the hearing, Special Agent Peter Joseph, the government's key witness, faced extensive questioning from Abrego Garcia's attorney, Sean Hecker. Hecker highlighted discrepancies in the testimony of another government witness, Jose Hernandez Reyes, as well as issues with other evidence, including a birthday on a Snapchat account argued to be tied to Abrego Garcia that doesn't match his actual birthday.
The 29-year-old Salvadoran national was mistakenly deported to El Salvador in March before being brought back to the U.S. last month to face the federal charges. He has pleaded not guilty.
Both prosecutors and defense attorneys are asking for Abrego Garcia to remain in custody, but for different reasons. Prosecutors argue he is dangerous and a flight risk, while his lawyers fear he will be deported if released on bail.
"And all across the country, we continue to witness the inhumane action towards Kilmar and all of the other Kilmars who continue to be abducted and disappeared by this administration," said CASA’s Chief of Organizing and Leadership, Lydia Walther-Rodriguez.
"A fight where we are witnessing the violation and continued ignorance of the rule of law and due process. We will continue to fight," added Walther-Rodriguez.
Abrego Garcia's attorneys are requesting that he be transferred closer to his family in Maryland rather than being released. The Justice Department has provided conflicting information about whether he would face deportation before his trial if released from federal custody.
Separately, Abrego Garcia's attorneys have asked a judge in Maryland to order immigration authorities to give at least 72 hours' notice before attempting to deport him if he is released from custody.
This marks Abrego Garcia's third appearance in a Nashville courthouse in just over a month regarding his custody status.
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