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Kilmar Abrego Garcia latest: DOJ plans to go to trial before moving to deport

By
Updated  June 26, 2025 5:36pm EDT
Maryland
FOX 5 DC

The Brief

    • Garcia was arrested in Baltimore in March and deported to El Salvador before being returned to the U.S. after indictment.
    • Kilmar Abrego Garcia appeared in court Wednesday and a judge ruled he could be released under strict conditions.
    • If freed from ICE custody, he’ll be placed in home detention with location monitoring.
Conditions set for Kilmar Abrego Garcia's release from custody

Conditions set for Kilmar Abrego Garcia's release from custody

Kilmar Abrego Garcia appeared in federal court Wednesday as a judge ruled he could be released from criminal custody while awaiting trial on human smuggling charges—but only if immigration officials don’t detain him first. U.S. Magistrate Judge Barbara Holmes ordered that if Garcia is released from ICE custody, he must live with his brother under home detention and be subject to location monitoring. His legal team raised no objections to the terms.

Government plans to deport Kilmar Abrego Garcia

MARYLAND - The Justice Department said Thursday that it intends to try Kilmar Abrego Garcia on federal smuggling charges in Tennessee before it moves to deport him to a country that is not his native country of El Salvador.

"This defendant has been charged with horrific crimes, including trafficking children, and will not walk free in our country again," DOJ spokesperson Chad Gilmartin told The Associated Press.

Justice Department attorney Jonathan Guynn said the removal proceedings would be to a "third country." But the prosecutor also said there are "no imminent plans" to deport Abrego Garcia and the U.S. government would comply with all court orders.

Motion filed to return Kilmar Abrego Garcia to Maryland

An emergency motion has been filed to return Kilmar Abrego Garcia to Maryland after his release in the Tennessee criminal case.

Garcia's attorneys filed a motion stating he should be returned "to the District of Maryland, where his civil litigation began and remains."

This comes shortly after U.S. Magistrate Judge Barbara Holmes ruled he could be released from criminal custody while awaiting trial on human smuggling charges—but only if immigration officials don’t detain him first. 

The motion specifically requests that when Garcia is released from criminal custody, he returns and remains in Maryland until further order from the Court.

MORE RELATED NEWS HERE: Kilmar Abrego Garcia's release conditions set; ICE likely to detain him

What we know:

U.S. Magistrate Judge Barbara Holmes ruled that Garcia could be released to home detention with electronic location monitoring, under the custody of his brother. 

He must comply with nearly two dozen court-ordered conditions, including restrictions on travel, methods of bail, communication, drug use, and gang affiliation. Garcia will also be prohibited from excessive alcohol use, enrolled in anger management counseling and required to surrender his passport. The hearing recessed briefly and reconvened at 4:11 p.m. ET. Garcia told the court he understood the terms of his release. 

However, the court emphasized that it has no jurisdiction over ICE. Garcia may be transferred from U.S. Marshals’ custody to immigration authorities, who may detain him again. 

MarylandNews