Kilmar Abrego Garcia, previously deported to El Salvador in March, is set to face trial on charges of smuggling illegal immigrants before any further deportation attempts are made.
On Thursday, White House Deputy Press Secretary Abigail Jackson clarified this stance following comments made by Justice Department attorney Jonathan Guynn, who indicated that the administration might attempt to deport Garcia to a “third country” but did not specify a timeline. Jackson emphasized that, “Abrego Garcia was returned to the United States to face trial for the egregious charges against him,” asserting that he would encounter the full rigor of the American judicial system, which could include prison time.
During earlier court proceedings, Guynn noted there were “no imminent plans” for Garcia’s deportation, assuring compliance with all court directives.
Garcia’s legal team has filed an urgent request for him to be relocated to Maryland following his release in Tennessee. A judge indicated on June 25 that while Garcia would be released without bail, he would likely be taken into immigration custody immediately thereafter.
At 29 years old, Garcia immigrated to the United States illegally over a decade ago. The Trump administration contends that he is affiliated with the infamous MS-13 gang and had previously deported him to a maximum-security facility in El Salvador, despite a 2019 judicial ruling that barred such action.
Garcia’s attorneys vehemently deny the government’s claims, arguing that he fled El Salvador at 16 to escape gang violence and has never been convicted of any crime. He was returned to the U.S. after a court determined his original deportation was improper.
Nashville-based Magistrate Judge Barbara Holmes has not specified when she would finalize the release of Garcia, which cannot occur before Friday afternoon. The judge highlighted that upon release, Garcia would likely be taken into immigration custody, while still facing human smuggling charges.
Holmes also stated that Garcia would need to seek employment and would be restricted to travel within the Nashville area and Maryland, with these conditions only applying if he is released from immigration detention.
This statement follows her ruling on June 22, which stated that the Trump administration could not detain Garcia prior to trial, as the evidence provided by cooperating witnesses was deemed unreliable. The court found that the government failed to prove he posed an “irremediable danger” to others or was a serious flight risk.
Previously, Garcia had been residing in Maryland with his U.S. citizen wife and their young son when he was deported in March. While he acknowledged entering the U.S. illegally in 2012, his legal representatives have stated that he is not involved with MS-13 and has never faced criminal charges.
Garcia was indicted by a federal grand jury in Tennessee on May 21 on two felony charges related to the smuggling of undocumented immigrants into the United States and conspiracy in relation to these activities. The indictment alleges that from 2016 to around 2025, Garcia and others conspired to transport undocumented individuals from various countries through Mexico and into Texas.
Prosecutors assert that Garcia leveraged his association with MS-13 to facilitate these activities and that many individuals he allegedly transported were members or associates of the gang. He pleaded not guilty to these charges on June 13.
His defense team has labeled the case against him as “baseless,” asserting that the accusations are primarily based on unreliable statements from individuals facing their own legal issues. Attorney Simon Sandoval-Moshenberg remarked, “There’s no way a jury is going to see the evidence and agree that this sheet metal worker is the leader of an international MS-13 smuggling conspiracy.”
In April, the Supreme Court ruled that the Trump administration must “facilitate” Garcia’s return to the U.S. and ensure that his case is treated as though he had not been incorrectly deported. The administration has acknowledged an administrative error regarding his deportation.
The Epoch Times has reached out to both the White House and Garcia’s attorney for further comments.
Aldgra Fredly, Savannah Hulsey Pointer, and The Associated Press contributed to this report.
Correction: A previous version of this article misstated the charges against Kilmar Abrego Garcia. The Epoch Times regrets the error.
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