Lawyers for Kilmar Abrego Garcia ask judge to keep him in jail over deportation concerns

NASHVILLE, Tenn. (AP) — Attorneys for Kilmar Abrego Garcia asked a federal judge in Tennessee on Friday to delay his release from jail because of “contradictory statements” by President Donald Trump's administration over whether or not he'll be deported upon release.

A federal judge in Nashville has been preparing to release Abrego Garcia to await trial on human smuggling charges. But she's been holding off over concerns that U.S. Immigration and Customs Enforcement would swiftly detain him and try to deport him again.

Abrego Garcia's attorneys are now asking the judge to continue to detain him following statements by Trump administration officials "because we cannot put any faith in any representation made on this issue by" the Justice Department.

“The irony of this request is not lost on anyone,” the attorneys wrote.

Abrego Garcia, a construction worker who had been living in Maryland, became a flashpoint over Trump’s hard-line immigration policies when he was mistakenly deported to his native El Salvador in March. Facing mounting pressure and a Supreme Court order, Trump's Republican administration returned him this month to face the smuggling charges, which his attorneys have called “preposterous.”

In a response to the request by Abrego Garcia’s attorneys on Friday, acting U.S. Attorney Rob McGuire agreed to delaying Abrego Garcia’s release. He reiterated his stance that Abrego Garcia should remain in jail before trial and that he lacks jurisdiction over ICE, stating that he has no way to prevent Abrego Garcia’s deportation.

The Department of Homeland Security, which includes ICE, did not respond directly to a question from The Associated Press regarding its plans for Abrego Garcia. A DHS spokesperson, Tricia McLaughlin, said in a statement that "he will never go free on American soil.”

Justice Department spokesman Chad Gilmartin told The Associated Press on Thursday that the department intends to try Abrego Garcia on the smuggling charges before it moves to deport him, stating that Abrego Garcia “has been charged with horrific crimes, including trafficking children, and will not walk free in our country again.”

Hours earlier, Justice Department attorney Jonathan Guynn told a federal judge in Maryland that the U.S. government plans to deport Abrego Garcia to a “third country” that isn’t El Salvador. Guynn said there was no timeline for the deportation plans.

Abrego Garcia’s attorneys on Friday cited Guynn’s comments as a reason to fear he would be deported “immediately.” They accused the Trump administration of bringing Abrego Garcia back “to convict him in the court of public opinion” with the intention of deporting him before he has a chance to defend himself at trial.

“In a just world, he would not seek to prolong his detention further,” his attorneys wrote.

Abrego Garcia’s attorneys have asked the judge to delay his release until a July 16 court hearing, which will consider a request by prosecutors to revoke Abrego Garcia’s release order while he awaits trial.

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

When the Trump administration deported Abrego Garcia in March, it violated a U.S. immigration judge’s order in 2019 that barred his expulsion to his native country. The immigration judge had found that Abrego Garcia faced a credible threat from gangs that had terrorized him and his family.

The human smuggling charges pending against Abrego Garcia stem from a 2022 traffic stop for speeding in Tennessee, during which Abrego Garcia was driving a vehicle with nine passengers without luggage.

U.S. Magistrate Judge Barbara Holmes in Nashville wrote in a ruling Sunday that federal prosecutors failed to show that Abrego Garcia was a flight risk or a danger to the community.

During a court hearing Wednesday, Holmes set specific conditions for Abrego Garcia’s release that included him living with his brother, a U.S. citizen, in Maryland. But she held off on releasing him over concerns that prosecutors can’t prevent ICE from deporting him.

Finley reported from Norfolk, Va.

Jennifer Vasquez Sura, center left, wife of Kilmar Abrego Garcia leaves the federal courthouse Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)

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)

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)

MINNEAPOLIS (AP) — The Minnesota Vikings placed left tackle Christian Darrisaw on injured reserve on Friday, ending his season early to reset his uneven recovery from reconstructive knee surgery.

With the Vikings (6-8) eliminated from contention for the playoffs, the collaborative decision was made by the medical staff, the coaching staff and Darrisaw to shut the fifth-year player down, according to coach Kevin O'Connell.

“We thought this was the best decision for Christian in the short term, but at the same time, I think a lot of this can be a projection on a really positive outlook for 2026,” O'Connell said.

Darrisaw, the team's first-round draft pick in 2021, signed a contract extension through 2029 valued at $104 million with $77 million in guaranteed money prior to the 2024 season when he had two years remaining on his rookie deal. Darrisaw tore the ACL and MCL in his left knee in a Week 8 game last season, and he progressed well enough through the rehabilitation program to join the team for training camp and avoid the physically unable to perform list.

After being held out of the first two games, Darrisaw returned to the lineup, but he didn't finish five of the 10 games he started. He removed himself twice with discomfort and three times was pulled early by the team to manage his workload, and he had at least one day off from practice each week for additional rest for his knee.

O'Connell said there has been no new injury or setback with Darrisaw's existing recovery, only the challenge of him continuing to manage the normally difficult first year back from surgery. Darrisaw was inactive for two of the last three games.

“We’re just trying to defer to the medical staff and, most importantly, making sure Christian’s in a good place and everything," O'Connell said. "It has been just a really unique year for him and one that I think he’ll be able to really grow from.”

Darrisaw was the third starter shut down early this week by the Vikings, joining edge rusher Jonathan Greenard and safety Josh Metellus. Greenard and Metellus each need shoulder surgery.

The Vikings also ruled defensive tackle Javon Hargrave (thigh) out of their game on Sunday against the New York Giants. Right tackle Brian O'Neill (heel) was listed as questionable.

Justin Skule will start in Darrisaw's place. Blake Brandel, who has played left tackle, left guard and center this season, would fill in for O'Neill at right tackle if he can't play.

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FILE - Minnesota Vikings offensive tackle Christian Darrisaw (71) guards during an NFL football game against the Green Bay Packers, Nov. 23, 2025, in Green Bay, Wis. (AP Photo/Melissa Tamez, File)