Abrego Garcia’s Pretrial Status Remains Uncertain

Kilmar Abrego Garcia will remain in prison in Tennessee for at least another week as prosecutors argue that his release could pose risks of flight and harm to the community.

US District Judge Waverly D. Crenshaw Jr. indicated on Wednesday that he will soon make a decision regarding Abrego’s pretrial release. Abrego, a Maryland resident, was inadvertently sent to a notorious Salvadoran prison under the Trump administration’s deportation strategy.

In June, Abrego was brought to Nashville to face two criminal smuggling charges stemming from a traffic stop in Tennessee in 2022. His situation gained attention when the Supreme Court ordered his return from El Salvador, despite his deportation case becoming high-profile.

At 29, Abrego has pleaded not guilty to the charges in Tennessee.

The immediate future for Abrego is still unclear if Judge Crenshaw orders his trial. In a separate case related to his illegal deportation in Maryland, immigration officials have plans to detain him soon.

An official from ICE mentioned the possibility of sending him to a “third country.” Abrego, originally from El Salvador, entered the United States illegally nearly 15 years ago and currently has an active immigration case, which includes a prohibition against returning him to El Salvador due to threats of gang violence.

Wednesday’s hearing, which lasted several hours, marked the third review of Abrego’s pretrial release. He attended the hearing in an orange jumpsuit beside his lawyer, while his wife, Jennifer Vasquez Sula, was also present.

Last month, Magistrate Barbara Holmes concluded that certain conditions could be set for Abrego’s release, such as ankle monitoring, rather than deeming him a flight risk. Holmes requested Abrego’s lawyers to keep him temporarily in custody while seeking guarantees from the government regarding his deportation status.

During the hearing, Judge Crenshaw listened to prosecutors advocating for Abrego’s continued detention, including claims linking him to the notorious MS-13 gang. However, Crenshaw seemed doubtful of the government’s arguments, noting the substantial burden of proof required in federal court.

The judge remarked, “The evidence for MS-13 itself is not satisfied as ‘clear and persuasive’,” emphasizing the high threshold needed to justify pretrial detention.