Kilmar Abrego Garcia to remain in jail while attorneys spar whether he’ll be swiftly deported

NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia will remain in jail for at least a few more days while attorneys in the federal smuggling case against him spar over whether prosecutors have the ability to prevent Abrego Garcia’s deportation if he is released to await trial.

The Salvadoran national whose mistaken deportation became a flashpoint in the fight over President Donald Trump’s immigration policies has been in jail since he was returned to the U.S. on June 7, facing two counts of human smuggling.

A federal Judge has ruled that Abrego Garcia has a right to be released and even set specific conditions during a court hearing on Wednesday for him to live with his brother. But Abrego Garcia's attorneys expressed concern that it would lead to his immediate detention and possible deportation by U.S. Immigration and Customs Enforcement.

U.S. Magistrate Judge Barbara Holmes also expressed doubts during the hearing about her own power to require anything more than prosecutors using their best efforts to secure the cooperation of ICE.

“I have no reservations about my ability to direct the local U.S. Attorney’s office,” the judge said. “I don’t think I have any authority over ICE.”

Holmes did not say when she would file the release order for Abrego Garcia, but it will not happen before Friday afternoon.

Abrego Garcia, who was shackled and wearing a red jumpsuit, was expected to be released Wednesday, if only into ICE custody. But the court hearing revealed instead the competing interests between two federal agencies within the Trump administration.

Acting U.S. Attorney Rob McGuire has said in court and in filings that one of the reasons he wants Abrego Garcia to stay in jail is to ensure that he remains in the country and isn't deported by ICE.

McGuire told the judge during Wednesday's hearing that he would do “the best I can” to secure the cooperation of the Department of Homeland Security, which includes ICE. But the prosecutor noted, “That’s a separate agency with separate leadership and separate directions. I will coordinate, but I can’t tell them what to do.”

But Abrego Garcia’s attorney, Sean Hecker, countered that the Department of Justice and Homeland Security are both within the executive branch and seem to cooperate on other things. For example, ICE has agreed not to deport cooperating witnesses who agreed to testify against Abrego Garcia.

Meanwhile, federal prosecutors had tried to stay Holmes' release order. But it was denied by another federal judge on Wednesday afternoon, who wrote that the government was asking the court to “save it from itself” in a situation that was “completely of its own making.”

U.S. District Judge Waverly D. Crenshaw, Jr. wrote that federal prosecutors should be making their arguments to DHS, not a court, “because the Department of Justice and DHS can together prevent the harm the Government contends it faces.”

“If the Government finds this case to be as high priority as it argues here, it is incumbent upon it to ensure that Abrego is held accountable for the charges in the Indictment,” Crenshaw wrote. “If the Department of Justice and DHS cannot do so, that speaks for itself.”

Crenshaw, however, will allow prosecutors to file a brief in support of a motion to revoke the magistrate’s release order. An evidentiary hearing is scheduled for July 16.

Abrego Garcia pleaded not guilty on June 13 to smuggling charges that his attorneys have characterized as an attempt to justify his mistaken deportation in March to a notorious prison in El Salvador.

Those charges stem from a 2022 traffic stop for speeding in Tennessee, during which Abrego Garcia was driving a vehicle with nine passengers. At his detention hearing, Homeland Security special agent Peter Joseph testified that he did not begin investigating Abrego Garcia until April of this year.

Holmes, the magistrate judge, wrote in a ruling on Sunday that federal prosecutors failed to show that Abrego Garcia was a flight risk or a danger to the community. He has lived for more than a decade in Maryland, where he and his American wife are raising three children.

However, Holmes referred to her own ruling as “little more than an academic exercise,” noting that ICE plans to detain him. It is less clear what will happen after that. Although Abrego Garcia can't be deported to El Salvador — where an immigration judge found he faces a credible threat from gangs — he is still deportable to a third country as long as that country agrees to not send him to El Salvador.

Abrego Garcia’s wife, Jennifer Vasquez Sura, said during a news conference before Wednesday’s hearing that it’s been 106 days since he “was abducted by the Trump administration and separated from our family.” She noted that he has missed family birthdays, graduations and Father’s Day, while “today he misses our wedding anniversary.”

Vasquez Sura said their love, their faith in God and an abundance of community support have helped them persevere.

“Kilmar should never have been taken away from us,” she said. “This fight has been the hardest thing in my life.”

Associated Press reporter Ben Finley in Norfolk, Virginia, contributed to this report.

This courtroom sketch depicts U.S. Magistrate Judge Barbara Holmes in court during a detention hearing for Kilmar Abrego Garcia on Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/Diego Fishburn)

This courtroom sketch depicts Kilmar Abrego Garcia sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (Diego Fishburn via AP)

This courtroom sketch depicts, from left, attorney Sean Hecker, Kilmar Abrego Garcia and attorney Rascoe Dean in court during Garcia's detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/Diego Fishburn)

Katheryn Millwee holds a portrait of Kilmar Abrego Garcia outside the federal courthouse Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)

Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia attends a news conference Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)

Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia speaks during a news conference Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)

Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia speaks during a news conference Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)

Jennifer Vasquez Sura, center, wife of Kilmar Abrego Garcia speaks during a news conference Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)

Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia speaks during a news conference Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)

FILE - Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, right, stands with supporters during a news conference at CASA's Multicultural Center in Hyattsville, Md., April 4, 2025. (AP Photo/Jose Luis Magana, FIle)

PLANO, Texas--(BUSINESS WIRE)--Jan 2, 2026--

Cinemark Holdings, Inc. (NYSE: CNK), one of the largest and most influential theatrical exhibition companies in the world, is building on last year’s viral National Popcorn Day event by teaming up with Lowe’s for a two-day Bring Your Own Bucket celebration on Jan. 18 and 19 (National Popcorn Day), inviting guests to bring in their own container to fill with up to 400 ounces of popcorn for just $5. With social sweepstakes, discounts on gift cards and special beverages, plus $5 all size popcorns for those without their own bucket, this year’s celebration will be the ultimate experience for popcorn lovers across Cinemark’s more than 300 U.S. theaters. Full details are available at Cinemark.com/popcornday.

This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20251231061505/en/

“Last year’s Bring Your Own Bucket event for National Popcorn Day reimagined what this holiday could be for all movie-popcorn lovers, as people showed incredible creativity with their vessels and made the celebration truly unforgettable for both guests and our theater teams,” said Wanda Gierhart Fearing, Cinemark Chief Marketing and Content Officer. “This year, we are thrilled to build on that fun by teaming up with Lowe’s to make the experience even bigger and better. With two full days of festivities as well as special sweepstakes and promotions, we cannot wait to see how much this year’s celebration will heat up.”

BYOBucket – The Sequel
After a cinematic meet-cute on social media during the inaugural Bring Your Own Bucket event last year, Cinemark and Lowe’s are teaming up to take this year’s National Popcorn Day to the next level. On Sunday, Jan. 18, and Monday, Jan. 19, guests can bring any type of container – whether it’s a film-themed collectible, or an iconic blue Lowe’s 5-gallon bucket – and it will be filled with up to 400 ounces of craveable popcorn for just $5 plus tax. That is the equivalent of two XL popcorns at the concession stand. Those who bring the beloved Lowe’s buckets, available for purchase at Lowe’s stores and on Lowes.com, are exempt from the 400-ounce rule and are eligible to have their entire 5-gallon bucket filled. Food-grade bucket liners will be available upon request, and guests with the iconic Lowe’s buckets will also receive a special coupon for future popcorn cravings valid Feb. 1 through Feb. 26.

“Helpfulness is at the heart of the Lowe’s brand, and it shows up in the everyday moments customers share with family and friends — even a night at the movies,” said Jen Wilson, senior vice president and chief marketing officer at Lowe’s. “Our iconic blue bucket brings utility and delight wherever it goes, including the theater. Teaming up with Cinemark is a fun, simple way to give families even more value from something they already rely on throughout the year.”

Those searching for a cinematic keepsake to commemorate the holiday will find an array of unique, attention-grabbing buckets on shop.cinemark.com. Everyone is encouraged to showcase their bucket style by tagging @Cinemark on social channels. No bucket? No problem! All sizes of Cinemark popcorn will be just $5 plus tax at all U.S. theaters for both days.

“At Cinemark, popcorn is more than just a snack, it is the star of the show,” said David Haywood, Cinemark SVP of Food and Beverage. “Last year, Cinemark theaters sold nearly 5 billion ounces of our craveable popcorn. We start with the highest-quality kernels and pop them to perfection for that irresistible crunch and flavor. On National Popcorn Day, we are celebrating the gold standard that makes every magical movie moment pop.”

While guests do not have to have a movie ticket to participate, nothing pairs better with popcorn than a captivating story unfolding on a larger-than-life screen. Visit Cinemark.com or the Cinemark app for showtimes.

Snack on Sweepstakes and Promotions
Cinemark is extending the celebration of the golden snack beyond just buckets.

From Jan. 2 through Jan. 19, everyone can test their kernel-catching skills with an online popcorn bucket fill up game at Cinemark.com/popcornday, for the chance to win free popcorn for a year. Then on Jan. 19 only, all who follow Cinemark’s official Instagram account (@Cinemark) and tag three friends in the comments of the National Popcorn Day sweepstakes post will be entered to win a free large popcorn.

Cinemark Movie Rewards members can express their love for the cinematic treat by entering a sweepstakes to win 10,000 points, which can be redeemed for golden movie tickets and heaps of delicious snacks. Members should check the rewards center for more information.

All online gift card orders will be 10 percent off on both Jan. 18 and 19, so popcorn lovers can stock up and savor every bucket for the blockbuster moments ahead.

For those that prefer their butter in drinkable form, Butter Chardonnay will be available in close to 190 Cinemark locations throughout the entire month of January.

The Cinemark Experience
Cinemark’s commitment to delivering a preeminent out-of-home entertainment experience comes to fruition through continual investment in its theaters and customer journey.

For full details about the Cinemark moviegoing experience, visit Cinemark.com or download the Cinemark app. Click HERE for general Cinemark images and b-roll.  

About Cinemark Holdings, Inc.
Cinemark Holdings, Inc. (NYSE: CNK) provides extraordinary out-of-home entertainment experiences as one of the largest and most influential theatrical exhibition companies in the world. Based in Plano, Texas, Cinemark makes every day cinematic for moviegoers across nearly 500 theaters and more than 5,500 screens, operating in 42 states in the U.S. (304 theaters; 4,249 screens) and 13 South and Central American countries (193 theaters; 1,395 screens). Cinemark offers guests superior sight and sound technology, including Barco laser projection and Cinemark XD, the world’s No. 1 exhibitor-branded premium large format; industry-leading penetration of upscale amenities such as expanded food and beverage offerings, Luxury Lounger recliners and D-BOX motion seats; top-notch guest service; and award-winning loyalty programs such as Cinemark Movie Club. All of this creates an immersive environment for a shared, entertaining escape, underscoring that there is no place more cinematic than Cinemark. For more information, visit https://ir.cinemark.com.

About Lowe’s
Lowe’s Companies, Inc. (NYSE: LOW) is a FORTUNE® 100 home improvement company serving approximately 16 million customer transactions a week, with total fiscal year 2024 sales of more than $83 billion. Lowe’s employs approximately 300,000 associates and operates over 1,700 home improvement stores, 530 branches and 130 distribution centers. Based in Mooresville, N.C., Lowe’s supports the communities it serves through programs focused on creating safe, affordable housing, improving community spaces, helping to develop the next generation of skilled trade experts and providing disaster relief to communities in need. For more information, visit Lowes.com.

Cinemark expands Bring Your Own Bucket National Popcorn Celebration to two days Jan. 18 & 19.