Kilmar Abrego Garcia, the man the Trump administration mistakenly deported to El Salvador and who was returned to the United States to be charged with federal crimes, will remain in federal custody until at least Friday. But when he is released in the smuggling case, he will immediately be taken into the custody of Immigration and Customs Enforcement, the Justice Department said Thursday.
Abrego, they said, will be placed in removal proceedings in an effort to deport him to a third country, but not his native El Salvador, where he has a "withholding of removal."
At a hearing Thursday in Maryland, U.S. District Judge Paula Xinis appeared concerned about the speed at which the transfer could happen but said that particular issue is out of her control.
“So it can happen in 30 seconds or 30 days or 30 months?” she asked. “The reason why I ask is it will affect how quickly I rule on this motion.”
Justice Department attorney Jonathan Guynn said that while there are no “imminent plans” to remove Abrego to a third country, he plans to check with the Trump administration for more details.
“I’m trying to tell you as much as I know,” Guynn told Xinis.
On Wednesday, a judge in the smuggling case said she will not order Abrego released from federal custody or docket the conditions of release — which were agreed upon Wednesday — until both the Justice Department and Abrego's team file additional briefs on outstanding issues. She set a Friday deadline.
The issues of contention include ensuring Justice Department will cooperate with the Department of Homeland Security so Abrego is able to attend the hearings and potential trial in his Tennessee case even while he is in ICE custody, potentially states away. Abrego's team has also asked the government to place Abrego in an ICE detention center — or similar — in or near the Middle District of Tennessee to allow his attorneys in the case to more easily visit and communicate with him.
Those issues have been playing out in several other high-profile cases in which there are federal cases and immigration cases at the same time. In this case, Magistrate Judge Barbara Holmes appears to be trying to solve the problem before it becomes a problem.
The judge is expected to rule and file her official order releasing Abrego, along with the conditions of his release, in the coming days. He remains in federal custody in Tennessee until then.
Abrego will be subject to more than a dozen conditions of release if he is ever released from both federal and ICE custody. Holmes said Abrego can be released to home detention where he lives in Maryland as long he wears an ankle monitor. He will be allowed to travel only to and from the courthouse in Nashville, Tennessee.
Holmes also prohibited Abrego, 29, from contact with gang members. The Trump administration has accused Abrego of being a member of MS-13, which he has denied.
Despite the agreement, Abrego is unlikely to make it home soon.
Although officials facilitated Abrego's return to the United States after a court ordered them to do so, he still initially entered the country illegally and is likely to be subject to deportation proceedings, separate from his federal case.
“It’s very likely that you’ll be released from marshals' custody into ICE custody,” the judge told Abrego. “That part of the process is outside the control of the court, but I want to make sure that part has been explained to you.”
Under the terms of his release, Abrego must also not contact witnesses, victims or co-defendants associated with his case, break the law, reside in a home with firearms or consume alcohol or other illicit drugs.
He will be required to attend anger management counseling, Holmes said. Abrego's wife, Jennifer Vasquez Sura, had filed two protective orders against him, but the couple has since reconciled.
The courtroom’s gallery was packed with Abrego's family, immigration advocates and local clergy. Abrego was wearing an orange short-sleeved jumpsuit. He was not shackled or handcuffed.
Outside, protesters gathered to rally against his detention, which has captured the nation’s attention for months.
Abrego was deported in March to a high-security prison in El Salvador in what the government called an “administrative error.” At the time of his removal, he was protected from deportation to El Salvador.
After months of debate in court, he was brought back to the United States this month.
He was then charged with two federal felonies: conspiracy to unlawfully transport illegal aliens for financial gain and unlawful transportation of illegal aliens for financial gain. He has pleaded not guilty to both charges.
Abrego's case is one of several high-profile examples of the Trump administration’s taking unprecedented steps to implement President Donald Trump’s campaign promise to curb immigration.
Those efforts have included apprehending foreign students en masse, most of whom are Muslim, citing an obscure provision in the Immigration and Nationality Act of 1952 to justify their detainment. The provision allows the secretary of state to “personally determine” whether certain foreign nationals pose threats to U.S. foreign policy.
In March, the administration abruptly deported hundreds of men it accused of being violent gang members, including Abrego, to the high-security prison in El Salvador. The administration then appeared to defy a judge’s order to return the men to the United States.
And in recent weeks, immigration authorities have been raiding farms, hotels, and other worksites to detain undocumented immigrants.
Vasquez Sura, Abrego's wife, addressed reporters before the hearing Wednesday.
“Over three months, we’ve had to stand and plead for his liberation. He missed birthdays, graduations and Father’s Day. And today, he misses our wedding anniversary,” she said. “I find myself again, torn from my children, traveling back to Nashville to fight for Kilmar’s freedom.”
“Today in honor of Kilmar and our wedding anniversary, I will celebrate our fight and the fight for all those who stood with us and refused to give up,” she added.
CORRECTION (June 26, 2025, 2:50 p.m. ET) A previous version of this article misstated Kilmar Abrego Garcia’s legal status. At the time of his removal from the country, Abrego was protected from deportation to El Salvador; he was not a legal permanent resident of the United States.
