The DoJ agrees to keep Abrego Garcia in detention for at least a month to avoid expulsion

Lawyers from the Trump administration and the Salvadian migrant Kilmar Abrego Garcia agreed on Monday to keep Abrego Garcia in American criminal custody in Tennessee for a period of 30 days – delaying, if only for the moment, the plans indicated by the government to withdraw it in a third country.

In a file submitted on Monday to the American district judge Waverly Crenshaw, the lawyers of Abrego Garcia declared to the court that the agreement with the Ministry of Justice will allow their customer of additional time to assess their legal options before the government’s plans to deport it from the United States – this time, probably in a third country like Mexico or South Sudan.

The agreement seems to be an important concession of the Trump administration and follows senior officials indicating to a federal judge in Maryland earlier this month that they had planned to “immediately” transfer Abrego Garcia to the custody of ice to his release from federal criminal detention in Tennessee and to deport it in a third country – regardless of the status of his criminal trial.

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The demonstrators met before the American district court of Greenbelt, Maryland, to protest against the expulsion by the Trump administration of Kilmar Abrego Garcia, who was sent to Salvador in March in what administration officials said they were an administrative error on July 7, 2025. (Breanne Deppisch / Fox News Digital)

“The government is not opposed to this request, and such a short period will not affect the parties’ ability to confer a proposed planning order or prepare for the trial,” ABREGO lawyers told Abrego on Monday.

“The government informed the defense lawyer that he will continue to produce discoveries during this 30 -day period, the parties will continue to collaborate on an order of order before the deadline of July 30, 2025 and do not provide for the continuation of the date of trial of January 27, 2026 due to this requested repair.”

The 30-day stay seems to cap the months of confusing and contradictory declarations of the Trump administration in the case of Abrego Garcia, the Salvadoral migrant who was wrongly expelled to El Salvador in March in violation of a court order, and returned to the United States three months later in June.

Abrego Garcia remains in the States

Lawyers from the Ministry of Justice agreed to keep Abrego Garcia in the United States in Tennessee for a period of 30 days. (Fox News)

The prolonged period is also a welcome recovery for the lawyers of Abrego Garcia, who are still waiting for the American district judge Paula Xinis to decide to block the ice to expel it immediately in a third country.

Officials from the Ministry of Justice admitted to the court that they planned to withdraw ABREGO GARCIA in a third country this month.

“There is no intention of putting it in the limbo in police custody while we are waiting for the criminal affair to take place,” said the prosecutor of the Ministry of Justice Jonathan Guynn. “It will be deleted, just like any other illegal foreigner in this process.”

Xinis, who chaired the civil affair since March, suggested after a proof hearing of several days this month that she planned to make a temporary prohibition prescription requiring ice to keep Abrego Garcia in detention for a fixed time before being able to deport it to a third country.

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The demonstrators meet to protest against the deportation of immigrants to Salvador outside the permanent mission of El Salvador to the United Nations on April 24, 2025 in New York. (Michael M. Santiago / Getty Images)

She said the order would require ice to keep Abrego Garcia in police custody for a defined period – probably between 48 and 72 hours – before expulsion, which suggested by Xinis would guarantee that Grego Garcia had the capacity to ask for advice and contest his expected referral. Abrego Garcia has already been expelled in Salvador in violation of an order from the 2019 court.

“However, I am not willing to allow an unhindered release of Abrego Garcia,” Xinis said at the time, referring to his potential release of the Federal Guard in Tennessee. “I want government insurance” from the government on these questions, she added, noting at the end of the end of the days to hear that “a lot of delta” remained between where the parties are and where she had hoped that they would be.

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In particular, the Ministry of Justice has told Xinis that they would not accept a stipulation that it suggested, holding Abrego Carcia in police custody for 48 to 72 hours of detention. We do not know what, if anything, has changed since this hearing and the Monday depot, which agreed with the much longer administrative suspension of 30 days.

The Ministry of Justice refused to meet the request for comments from Fox News Digital.