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The Justice Department confirmed Thursday that Kilmar Abrego Garcia, a Salvadoran immigrant at the center of a legal firestorm, will be tried in Tennessee on federal smuggling charges before any deportation proceedings are carried out — a development meant to ease growing concerns that the Trump administration could expel him again at any moment.
The announcement comes just days after U.S. Magistrate Judge Barbara Holmes in Nashville ruled that Abrego Garcia should be released while awaiting trial, though she has temporarily held off on releasing him over fears that immigration officials may quickly detain and deport him before his day in court.
“This defendant has been charged with horrific crimes, including trafficking children, and will not walk free in our country again,” DOJ spokesperson Chad Gilmartin said in a statement to the Associated Press.
A Controversial Case That’s Sparked National Attention
Abrego Garcia’s situation gained national attention in March when the Trump administration deported him to El Salvador, despite a 2019 immigration judge’s ruling that he should not be removed due to credible threats from gang violence in his home country.
Facing public outcry and a Supreme Court order, the Trump administration reversed course and returned him to the U.S. earlier this month. Now, he faces smuggling charges tied to a 2022 traffic stop in Tennessee, when authorities found him transporting nine passengers in a vehicle — all without luggage.
His lawyers have maintained his innocence, calling the charges a retaliatory measure meant to justify his erroneous deportation and paint him as a danger to the public.
DOJ Statement Aims to Quell Deportation Fears
U.S. District Judge Holmes ruled earlier this week that prosecutors failed to demonstrate that Abrego Garcia poses a flight risk or a danger to the community. She even set conditions for his release, including requiring him to reside with his U.S. citizen brother in Maryland.
Still, she delayed the release over concerns that ICE could detain and deport him anyway. The Justice Department’s assurance that he will first face trial seeks to address that specific fear.
Meanwhile, Abrego Garcia’s attorneys filed an emergency request with a federal judge in Maryland to transfer him there upon release, arguing it would be a safeguard against any sudden removal attempts.
“If this Court does not act swiftly, then the Government is likely to whisk Abrego Garcia away,” the emergency filing states.
A Complicated Legal Web Across States
The legal battle is now playing out in two different federal jurisdictions — Tennessee, where the criminal charges are being prosecuted, and Maryland, where Abrego Garcia’s wife, Jennifer Vasquez Sura, has filed a civil lawsuit against the Trump administration over his wrongful deportation.
Judge Paula Xinis in Greenbelt, Maryland, said she would not rule immediately on the emergency transfer request, citing pending motions to dismiss in the case. She scheduled a hearing for July 7, raising the possibility that no immediate safeguard will be in place if Abrego Garcia is released before then.
“We have concerns that the government may try to remove Mr. Abrego Garcia quickly over the weekend,” said attorney Jonathan Cooper during a court conference call.
In response, Justice Department attorney Jonathan Guynn stated that while the U.S. plans to deport Abrego Garcia eventually to a “third country”, no timeline has been finalized, and they intend to comply with all court orders.
A Symbol of Trump-Era Immigration Policy
The case has become a symbol of the Trump administration’s aggressive immigration tactics, particularly its clashes with the federal judiciary. Abrego Garcia was deported in violation of a standing immigration court order, which the administration later characterized as a bureaucratic mistake.
President Trump and officials have repeatedly alleged — without publicly available evidence — that Abrego Garcia is a member of MS-13, a claim he denies. His attorneys say the administration is now doubling down with smuggling charges to retroactively justify an unlawful deportation.
“This is not about justice,” said one legal observer. “It’s about salvaging a mistake and defending a policy approach that prioritizes optics over legality.”
What’s Next?
Judge Holmes has ordered both sides to file legal briefs by Friday regarding whether Abrego Garcia can be released without triggering immediate ICE action. The Tennessee court will weigh those filings before deciding whether to release him to Maryland, pending trial.
As legal proceedings inch forward, the case of Kilmar Abrego Garcia underscores the fragility of immigrant protections, the reach of executive authority, and the role of the courts in balancing law enforcement with due process— a balance many fear is increasingly under strain.
“We are watching in real time what happens when government mistakes intersect with immigration policy and the rule of law,” one immigrant rights advocate said. “This case is a warning — and a test.”
