The judge weighs the detention status of Abrego Garcia while Trump Admin confirms the plans to expel him immediately

Salvadoral migrant Kilmar Abrego Garcia appeared on Wednesday before the Federal Tennessee Court for a second detention hearing, after a federal judge agreed to hear an appeal from the Ministry of Justice to keep him detained under criminal guard pending his trial.

The request of the Ministry of Justice to the American district judge Waverly Crenshaw takes place in the months of confused and contradictory declarations of the Trump administration in the case of Abrego Garcia, 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.

The acting American lawyer for the intermediate district of Tennessee, Robert McGuire, urged Crenshaw in a court before the hearing on Wednesday to maintain Abrego Garcia owned in the criminal guard while waiting for the trial, arguing that “there is no combination of conditions of release under deposit which can reasonably ensure the security of the community future courts “.

Crenshaw wrapped the hearing after about three hours, saying to the two parties he would take the case under the opinion.

ABREGO GARCIA lawyers ask us to order a return to Maryland in the midst of the current criminal case

He suggested that he would take his time to examine the evidence, however, saying to the lawyers of the Ministry of Justice and Abrego Garcia that they should not expect a decision in an imminently, or even this week. He suggested that he would make an order next week shortly before the adjournment court.

The longer calendar is probably a welcome relief for ABREGO GARCIA lawyers when they continue to wait for the American district judge Paula XINIS, the federal judge of Maryland, makes an order blocking the ice of the immediately expulsion of their client to a third country awaiting the United States.

Judge Xinis, who chaired the civil affair since March, suggested after a proof hearing for several days on Friday that she planned to issue a temporary ban prescription forcing ice to keep Abrego Garcia in detention for a final time before being able to deport it to a third country, such as Mexico or South Sudan, as the officials indicated last week that they plan to do.

Much of Wednesday’s hearing took place in the same way as the indictment of Abrego in June, led by the American judge Barbara Holmes. Judge Holmes had ruled that Greo Garcia should be released awaiting trials in the criminal case, although she later accepted a request from his lawyers to keep him in federal detention to avoid deportation.

Kilmar Abrego Garcia’s wife, Jennifer Vasquez Sura, stands with demonstrators while gathering Garcia’s support outside the Federal Court during a hearing in Greenbelt, Maryland. (Jim Watson / AFP via Getty)

Holmes then modified his order to allow Abrego Garcia to be kept in police custody at the request of his own legal team. His lawyers have cited the concerns that ice would immediately take him into police custody and expel him into a third country to his release.

While Wednesday’s hearing extended in its third hour, there seemed to be rare evidence or testimonials provided that Crenshaw could force Crenshaw to break with the initial determination of Holmes, which Brego should be published while waiting for the trial.

Crenshaw told the Ministry of Justice that he had trouble understanding “the government’s argument that there is” clear and convincing evidence “that” no condition “fixed by a community could control the danger posed by Abrego before his criminal trial.

“It’s a fairly high level,” he said.

The judge sets strict conditions for the release of Abrego Garcia while Trump officials are pursuing a case against him

The government said that he was planning to call a single witness to the hearing – the internal security agent Peter Joseph, who was also the only witness last month.

ABREGO GARCIA lawyers told court before the hearing that they had planned to call any witness.

But even this deposit highlights the contradictory declarations of the Ministry of Justice on its plans for Abrego Garcia, whose case is at the center of two high -level hearings in Maryland and Tennessee.

After months of delay, the Trump administration returned Abrego Garcia to the United States, where it was immediately slapped from a newly uncorlved federal accusation accusing crimes resulting from a traffic stop in 2022 in Tennessee.

Abrego Garcia pleaded not guilty to these accusations and was sentenced to the publication of the trial while waiting for the American magistrate Barbara Holmes.

Senior officials from the Ministry of Justice and ice officials conceded to this plan last week, telling the American district judge Paula Xinis in Maryland that the government would immediately begin to send the procedure to expel Abrego Garcia in a third country, regardless of the status of his criminal case. In doing so, they broke out with previous claims of US officials, including the Attorney General Pam Bondi, who swore when he was returned that he would remain in police custody for the duration of his trial and any prison sentence.

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Prosecutor General Pam Bondi speaks alongside President Donald Trump in the White House news room on June 27, 2025 in Washington, DC. (Joe Raedle / Getty Images)

Questioned by judge Xinis last week if the government planned to hold Abrego Garcia in police custody until his criminal case in Tennessee is finished, the lawyers of the administration did not chop their words.

“No,” replied the prosecutor of the Ministry of Justice Jonathan Guynn.

“There is no intention of putting it in the limbo in police custody while we are waiting for the criminal affair to unfold,” Guynn told Xinis. “It will be deleted, just like any other illegal foreigner in this process.”

According to a federal judge of Abrego Garcia, the second hearing of detention of Abrego Garcia in Tennessee asked a federal judge of Maryland to impose sanctions on the Trump administration for the “flagrant” file of the administration and the “repeated violations” of discovery obligations.

The federal judge orders the return of the migrant expelled to us, rejecting Trump’s request

President Donald Trump speaks during a meeting of the cabinet at the White House on April 30, 2025 in Washington, DC. (Images Andrew Harnik / Getty)

Xinis also put pressure on the officials of the Ministry of Justice for more details on the moment they opened a federal investigation into Abrego Garcia in a district separated from Tennessee, and how the time of the investigation and the federal accusation act clashed with the government’s testimony in its own court.

She noted that, by the own admission of the government, she began to investigate Abrego Garcia in the District of the midfielder of Tennessee on April 28, 2025 – at the same time that the officials declared in court that the administration was powerless to order a foreign government to return it, in accordance with the order of the court.

“At the same time as (the government) said that he had” no power to produce “” Abrego Garcia in the United States, officials of the Trump administration had “already obtained an indictment against him in the district of the middle of Tennessee, right?” Xinis asked the lawyer for the Ministry of Justice Bridget O’hickey.

“Yes your honor,” replied O’hickey.

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An incredulous Xinis noted that, six days later, the government testified that they did not have the power to bring it back to the United States “now I have real concerns – as if I have not done it during the last three months,” noted Xinis in response.

“Given the series of illegal actions” here, I have the impression that it is good to order this audience-perhaps more than one-to hear the testimony of at least one witness with first-hand knowledge, which can answer these questions on the next immediate steps “of the government while waiting for the release of Abrego Garca de la Garde, she said.