NASHVILLE, Tenn. (WTVF) — Attorneys for Kilmar Abrego Garcia and federal prosecutors filed motions Friday requesting that courts delay his release from custody to prevent possible deportation before his trial concludes.
Lawyers in Tennessee were prepared to file their arguments by Friday on how to gain cooperation from the Department of Homeland Security, when a meeting hundreds of miles away changed everything.
Attorneys for Abrego Garcia in both Tennessee and Maryland have closely monitored developments, as they say contradictory statements have emerged about the government's intentions.
Abrego Garcia, who had legal status but was deported to an El Salvador prison before being returned to the U.S., now faces human smuggling charges in Tennessee while simultaneously suing the Trump administration in Maryland over his March deportation.
During an emergency hearing Thursday in Maryland, Department of Justice attorneys said the Trump administration plans to deport Abrego Garcia to a country other than his native El Salvador once he's released from jail in Tennessee.
"The defendant has been charged with horrific crimes, including trafficking children, and will not walk free in our country again," DOJ spokesperson Chad Gilmartin said.
However, Justice Department attorney Jonathan Guynn told the courts earlier that there were no "imminent plans" to deport Abrego Garcia and that the government would comply with all court orders in both states.
Abrego Garcia's lawyers filed an emergency request for U.S. District Judge Paula Xinis of Maryland to order the government to take their client to Maryland upon his release in Tennessee.
Xinis said she must first review the Trump administration's motion to dismiss the case before ruling on the emergency request and scheduled a follow-up hearing for July 7.
In Tennessee, Magistrate Judge Barbara Holmes had previously ordered Abrego Garcia's release after finding prosecutors failed to prove he posed a threat, flight risk, or would intimidate witnesses.
His Tennessee attorneys, concerned by statements from the Maryland hearing, requested Holmes consider keeping Abrego Garcia in local jail custody, away from the Department of Homeland Security, where he could face deportation before trial.
"The irony of this request is not lost on anyone," defense lawyers wrote, acknowledging they were now asking to prolong their client's detention after Abrego Garcia's prior counsel had successfully argued for his release.
Defense attorneys called the criminal case against Abrego Garcia a "sham," claiming the government "has chosen to bring Abrego Garcia back only to convict him in the court of public opinion."
They also highlighted that prosecutors allowed a cooperating witness with felony convictions for human smuggling and five deportations to be released to a halfway house in exchange for testimony against their client.
Prosecutor Robert McGuire defended the case, saying it "is not a sham, rather it is the product of a federal investigation which includes video evidence of the Defendant, on camera, smuggling illegal aliens and then, also on camera, lying to law enforcement about his activities."
McGuire added that while they don't oppose delaying Abrego Garcia's release, they've consistently maintained he could face deportation if released from U.S. Marshal's custody.
"Given that the Defendant was first deemed deportable back in 2019, and a copy of that order was made an exhibit to the detention hearing, the Defendant's previous counsel, this should not be a surprise to the defense and is certainly not a surprise to this Court," McGuire said.
Holmes will soon decide whether Abrego Garcia should remain in jail until his next hearing on July 16, when federal Judge Waverly Crenshaw will hear arguments on the government's attempt to revoke Holmes' release order.
Crenshaw previously wrote in a decision denying prosecutors' motion to stay Holmes' order: "If deported, the government argues, the Department of Justice will be deprived of the opportunity to pursue its criminal charges against Abrego. At bottom, the government asks the court to save it from itself because it may suffer irreparable harm, completely of its own making."
THE CHARGES
The basis of Abrego Garcia's charges stems from a 2022 Tennessee Highway Patrol traffic stop, with prosecutors describing him as a "prolific smuggler" based on cooperating witnesses' testimony.
Body camera footage from November 30, 2022, shows Abrego Garcia driving a Chevrolet Suburban eastbound on Interstate 40 in Cookeville when troopers stopped him for suspected speeding. Inside the vehicle, officers found nine other Hispanic men.
Troopers can be heard on camera suggesting Abrego Garcia was "hauling these people for money," while he told officers he was returning to Maryland after completing construction work in St. Louis, Missouri.
Department of Homeland Security Special Agent Peter Joseph testified that license plate reader technology showed the SUV had not been near St. Louis for at least 12 months. Instead, the vehicle was flagged around Houston, Texas, days before the traffic stop.
NewsChannel5 Investigates pointed out inconsistencies between the indictment claiming Abrego Garcia misled troopers about traveling from Houston and a DHS report indicating he mentioned Houston. Joseph said the DHS report was inaccurate and maintained Abrego Garcia attempted to mislead officers by claiming he came from St. Louis.
Joseph later said he interviewed one of the troopers from the body camera footage who was certain Abrego Garcia was smuggling undocumented migrants.
During the stop, troopers instructed passengers to write down their names, dates of birth, and home addresses. Joseph testified that six of the nine passengers were in the country illegally, though the investigation was ongoing.
Prosecutors claimed the last name on the passenger list appeared to have a birth year of 2007, suggesting a 15-year-old minor was being smuggled in 2022. They alleged many others, including Abrego Garcia's children, were part of several trips he allegedly made.
The court found the roster's creation and its connection to Joseph's testimony too indirect and unreliable to be given significant weight as evidence. Defense attorneys argued the "7" in the written birth year of 2007 appeared to have been modified from a "1."
Holmes emphasized that Abrego Garcia has not been charged with crimes against minors, and a minor's involvement is not an element of the charges he faces.
Joseph interviewed at least five cooperating witnesses who claimed Abrego Garcia smuggled not only minors but also gang members and firearms. One witness alleged he was affiliated with MS-13.
Holmes agreed with defense attorneys that testimony from people who acknowledged their roles in human smuggling operations and, in some cases, were related, should not be heavily weighted.
Prosecutors suggested Abrego Garcia's newfound publicity in the immigration debate has provided him with resources from sympathetic strangers that could help him flee. Holmes stated the government offered no evidence to support this claim.
