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Justice Department Agrees to 30-Day Custody Stay for Kilmar Abrego Garcia

This stay provides time for judges to resolve bail conditions in Tennessee as a Maryland court readies a bid to prohibit further deportation.

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A rally sign is seen during a news conference outside the federal courthouse before a hearing for Kilmar Abrego Garcia, Wednesday, July 16, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)
This courtroom sketch depicts Kilmar Abrego Garcia sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (Diego Fishburn via AP)
Jennifer Vasquez Sura, center, wife of Kilmar Abrego Garcia, leaves the federal courthouse in Nashville, Tenn., Wednesday, July 16, 2025. (AP Photo/George Walker IV)

Overview

  • On July 21, DOJ and Abrego Garcia’s attorneys agreed to keep him in federal criminal custody for 30 days, delaying ICE’s efforts to transfer him to immigration detention.
  • He remains detained in Tennessee facing a two-count human smuggling indictment with a trial scheduled for January 27, 2026.
  • Magistrate Judge Barbara Holmes ruled there is no legal basis for pretrial detention; District Judge Waverly D. Crenshaw Jr. is reviewing her release order.
  • A pending civil lawsuit in Maryland asks Judge Paula Xinis to bar any further removal and secure his return to Maryland under court supervision.
  • ICE enforcement officials have testified they plan to deport him to a third country once released, underscoring a clash between the administration’s removal agenda and judicial due process.