Kilmar Abrego Garcia to stay in jail as lawyers spar over potential deportation if he is released pending trial

Washington — Kilmar Abrego Garcia, the Salvadoran man who was deported back to his home country and then returned to the U.S. for federal prosecution, is set to remain in jail for several more days as lawyers debate whether the Justice Department can stop him from being deported if he is released from federal custody pending his trial on human smuggling charges, according to The Associated Press.

Lawyers for Abrego Garcia and federal prosecutors met in court in Nashville on Wednesday for a hearing to discuss the conditions of his release after U.S. Magistrate Judge Barbara Holmes on Sunday denied a Justice Department request to keep Abrego Garcia detained while awaiting a criminal trial.

In her decision, Holmes said Abrego Garcia should be released, with certain conditions. But she noted, and lawyers for both sides acknowledged, that the Salvadoran man would likely be detained by federal immigration authorities for removal proceedings if released on criminal charges.