High-Stakes Legal Battle: Tennessee Case Impacts Kilmar Abrego Garcia’s Future

Human smuggling suspect Kilmar Abrego Garcia faces a complex legal battle as the Trump administration reveals plans to deport him before his trial – a move that has sparked controversy and confusion in federal court. But the Trump administration isn’t backing down on this.

At a glance:

• The U.S. government plans to deport Kilmar Abrego Garcia if released from jail before his human smuggling trial in Tennessee

• This contradicts previous statements that he would stand trial and possibly serve time in the U.S. before deportation

• Abrego Garcia was mistakenly deported to El Salvador in March despite a 2019 protection order

• His American wife is suing the Trump administration over the mistaken deportation

• A federal judge described the government’s shifting positions as “like trying to nail Jello to a wall”

Deportation Plans Revealed in Court

A Justice Department attorney dropped a bombshell in federal court by announcing the government’s plan to deport Kilmar Abrego Garcia if he’s released before his human smuggling trial. This revelation directly contradicts previous statements from both the Justice Department and the White House that promised Garcia would face American justice before any deportation proceedings.

The statement came during a hearing before U.S. District Judge Paula Xinis in Maryland, who is overseeing a lawsuit filed by Garcia’s American wife. Judge Xinis expressed frustration with the government’s shifting positions, comparing the situation to “trying to nail Jello to a wall.”

Trump admin plans to deport Kilmar Abrego Garcia after prison release – and not to El Salvador, prosecutor tells judge https://t.co/wy8KjL1Iqr pic.twitter.com/TUCZDiKXEk

— New York Post (@nypost) June 26, 2025

Legal Complications

Immigration and Customs Enforcement (ICE) would reportedly detain and deport Garcia to a “third country” rather than returning him to El Salvador. This latest plan marks yet another twist in a case that has been fraught with contradictions from government officials about their intentions for the accused human smuggler.

Garcia’s attorneys have argued that the Trump administration is attempting “to convict him in the court of public opinion” while simultaneously working to prevent him from having his day in court. His legal team has taken the unusual step of requesting he remain in custody to prevent immediate deportation if released on bond.

Why was Kilmar Abrego Garcia, an illegal alien with a deportation order, driving 9 others across Tennessee? Our documentary explores that 2022 traffic stop and raises chilling questions about human smuggling and Biden-era @FBI decisions.

Watch Part 1/5 pic.twitter.com/9Xu21d4r5R

— MichaelPatrick Leahy (@michaelpleahy) July 1, 2025

Previous Deportation and Current Charges

Garcia was deported to El Salvador in March despite having a 2019 protection order from a U.S. immigration judge due to concerns about potential persecution. After public pressure, he was returned to the United States to face human smuggling charges related to a 2022 traffic stop in Tennessee where he was allegedly transporting illegal immigrants.

White House spokesperson Abigail Jackson previously stated Garcia “will face the full force of the American justice system — including serving time in American prison for the crimes he’s committed.”

Garcia has pleaded not guilty to the human smuggling charges, with his defense team suggesting some government witnesses have ulterior motives. The judge is now considering whether to order Garcia returned to Maryland from Tennessee upon any potential release to prevent immediate deportation before his trial.