Lawyers for Salvadorian migrant Kilmar Abrego Garcia have filed an emergency motion with a Maryland federal judge, requesting that their client remain in U.S. custody and be returned to Maryland after his release from Tennessee custody. The motion comes amid an ongoing criminal case and threats from the Trump administration to deport him.
This is part of a months-long legal battle regarding Abrego Garcia’s status following his March deportation from the U.S. to El Salvador, which Trump officials initially described as an administrative error. After a prolonged court fight, the government complied with a federal court order and a Supreme Court ruling requiring the administration to ‘facilitate’ his return, despite initial delays and threats of contempt proceedings.
Upon his return, Abrego Garcia was immediately taken into custody for alleged federal crimes related to a 2022 traffic stop. This prompted numerous questions about the timeline of the investigation and the impaneling of a grand jury, which ultimately indicted him on May 21, 2025. The legal team emphasized the need for the court to ensure his release from criminal custody would result in his return to Maryland, unless otherwise ordered.
The motion coincided with a recent order from Tennessee’s federal magistrate judge Barbara Holmes, who ruled that the government failed to prove its case that Abrego Garcia posed a ‘serious risk’ of fleeing or obstructing justice if released pending trial. This further complicates the legal landscape, as Abrego Garcia’s lawyers continue to challenge the Trump administration’s compliance with discovery obligations in the civil case, while the administration seeks to dismiss it as moot.
Amid these proceedings, the Trump administration has vowed to detain Abrego Garcia in ICE custody if he is released from federal custody in Tennessee. This has been highlighted in the legal team’s emergency filing, as they urge Judge Xinis to act swiftly to prevent his deportation.