Kilmar Abrego Garcia Scores Win Over Trump Admin in Emergency Appeal
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
On Friday, Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, ruled that Kilmar Abrego Garcia should remain in jail at the request of his own legal team who said they feared he could be deported if released from custody.
Newsweek contacted the Department of Homeland Security for comment on Saturday via email outside of regular office hours.
Why It Matters
Garcia attracted widespread attention in March when he was deported to his native El Salvador in what federal officials later admitted was an "administrative error." The Trump administration insists Garcia is a member of the MS-13 criminal gang, which he and his family have denied.
Whilst being held in a Salvadorian mega prison, Garcia was visited by Democratic Senator Chris Van Hollen, and his case became a cause against the backdrop of Trump's vow to crackdown on foreign criminal gangs and illegal immigration.
What To Know
In June, Garcia was returned to the U.S. where he was charged with human trafficking, with Attorney General Pam Bondi saying he played a "significant role" in a people smuggling ring.
Garcia pled not guilty to the charges and his legal team said the federal government's actions against him amount to an "abuse of power." Originally, Garcia entered the U.S. illegally as a teenager, but he was granted protection from deportation by an immigration judge who said he could face violence from gangs in his native country.
On June 22, Magistrate Judge Barbara Holmes of Nashville ordered Garcia to be released on bail, saying she did not believe he was a flight risk or a threat to the wider community. This decision was appealed by the federal government, but U.S. District Judge Waverly Crenshaw of Tennessee backed Holmes's ruling and said Garcia could be released.
Kilmar Abrego Garcia pictured during a meeting with Senator Chris Van Hollen whilst in custody at an undisclosed location on April 17, 2025 in San Salvador, El Salvador.
Kilmar Abrego Garcia pictured during a meeting with Senator Chris Van Hollen whilst in custody at an undisclosed location on April 17, 2025 in San Salvador, El Salvador.
Sen. Van Hollen's Office via Getty Images/GETTY
However, Garcia's legal team itself requested he remain in custody, saying they feared he would be deported by Immigration and Customs Enforcement (ICE) if released from prison. In a motion filed on Friday, his attorneys wrote: "The irony of this request is not lost on anyone."
The attorneys said there had been "contradictory statements" from the Department of Justice (DOJ) which in a court hearing in Maryland on Thursday indicated Garcia would be deported to a third country. However, the same day, a DOJ spokesperson informed the Associated Press that Garcia would face trial before being deported.
Garcia's attorneys on Friday requested that he be held in jail until a July 16 court hearing in which a request from prosecutors to revoke his release order prior to trial will be heard.
The trafficking charges against Garcia originate from a 2022 incident in which police said they stopped him for speeding in Tennessee, then found nine passengers in his vehicle without luggage.
What People Are Saying
In their motion submitted on Friday, Garcia's attorneys said: "Because DOJ has made directly contradictory statements on this issue in the last 18 hours, and because we cannot put any faith in any representation made on this issue by the DOJ, we respectfully request to delay the issuance of the release order."
Referring to Garcia they added: "In a just world, he would not seek to prolong his detention further."
On Thursday, DOJ spokesperson Chad Gilmartin told the Associated Press that Garcia "has been charged with horrific crimes, including trafficking children, and will not walk free in our country again."
What Happens Next
If he avoids deportation, Garcia will go on trial on human trafficking charges with prosecutors alleging he was involved with brining illegal migrants from Texas to other states between 2016 and 2025. He has pled guilty and denies any wrongdoing.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
12 minutes ago
Senators prep for a weekend of work to meet Trump's deadline for passing his tax and spending cuts
WASHINGTON -- The Senate is expected to grind through a rare weekend session as Republicans race to pass President Donald Trump's package of tax breaks and spending cuts by his July Fourth deadline. Republicans are using their majorities in Congress to push aside Democratic opposition, but they have run into a series of political and policy setbacks. Not all GOP lawmakers are on board with proposals to reduce spending on Medicaid, food stamps and other programs as a way to help cover the cost of extending some $3.8 trillion in Trump tax breaks. The 940-page bill was released shortly before midnight Friday. Senators were expected to take a procedural vote Saturday to begin debate on the legislation, but the timing was uncertain and there is a long path ahead, with at least 10 hours of debate time and an all-night voting session on countless amendments. Senate passage could be days away, and the bill would need to return to the House for a final round of votes before it could reach the White House. 'It's evolving,' said Senate Majority Leader John Thune, R-S.D., as he prepared to close up the chamber late Friday. The weekend session could be a make-or-break moment for Trump's party, which has invested much of its political capital on his signature domestic policy plan. Trump is pushing Congress to wrap it up, even as he sometimes gives mixed signals, allowing for more time. At recent events at the White House, including Friday, Trump has admonished the 'grandstanders' among GOP holdouts to fall in line. 'We can get it done,' Trump said in a social media post. 'It will be a wonderful Celebration for our Country.' The legislation is an ambitious but complicated series of GOP priorities. At its core, it would make permanent many of the tax breaks from Trump's first term that would otherwise expire by year's end if Congress fails to act, resulting in a potential tax increase on Americans. The bill would add new breaks, including no taxes on tips, and commit $350 billion to national security, including for Trump's mass deportation agenda. But the spending cuts that Republicans are relying on to offset the lost tax revenues are causing dissent within the GOP ranks. Some lawmakers say the cuts go too far, particularly for people receiving health care through Medicaid. Meanwhile, conservatives, worried about the nation's debt, are pushing for steeper cuts. Sen. Thom Tillis, R-N.C., said he is concerned about the fundamentals of the package and will not support the procedural motion to begin debate. 'I'm voting no on the motion to proceed,' he said. Sen. Ron Johnson, R-Wis., pushing for deeper cuts, said he needed to see the final legislative text. The release of that draft had been delayed as the Senate parliamentarian reviewed the bill to ensure it complied with the chamber's strict 'Byrd Rule,' named for the late Sen. Robert C. Byrd, It largely bars policy matters from inclusion in budget bills unless a provision can get 60 votes to overcome objections. That would be a tall order in a Senate with a 53-47 GOP edge and Democrats unified against Trump's bill. Republicans suffered a series of setbacks after several proposals were determined to be out of compliance by the chief arbiter of the Senate's rules. One plan would have shifted some food stamp costs from the federal government to the states; a second would have gutted the funding structure of the Consumer Financial Protection Bureau. But over the past days, Republicans have quickly revised those proposals and reinstated them. The final text includes a proposal for cuts to a Medicaid provider tax that had run into parliamentary objections and opposition from several senators worried about the fate of rural hospitals. The new version extends the start date for those cuts and establishes a $25 billion fund to aid rural hospitals and providers. Most states impose the provider tax as a way to boost federal Medicaid reimbursements. Some Republicans argue that is a scam and should be abolished. The nonpartisan Congressional Budget Office has said that under the House-passed version of the bill, some 10.9 million more people would go without health care and at least 3 million fewer would qualify for food aid. The CBO has not yet publicly assessed the Senate draft, which proposes steeper reductions. Top income-earners would see about a $12,000 tax cut under the House bill, while the poorest Americans would face a $1,600 tax increase, the CBO said. One unresolved issue remains the so-called SALT provision, a deduction for state and local taxes that has been a top priority of lawmakers from New York and other high-tax states. The cap is now $10,000. The White House and House Republicans had narrowed in on a plan for a $40,000 cap, but for five years instead of 10. Republican senators says that's too generous. At least one House GOP holdout, Rep. Nick LaLota of New York, said he cannot support the compromise. Senate Democratic leader Chuck Schumer of New York said Republicans are rushing to finish the bill before the public fully knows what's in it. 'There's no good reason for Republicans to chase a silly deadline,' Schumer said. House Speaker Mike Johnson, who sent his colleagues home for the weekend with plans to be on call to return to Washington, said they are 'very close' to finishing up. 'We would still like to meet that July Fourth, self-imposed deadline,' said Johnson, R-La. With the narrow Republicans majorities in the House and Senate, leaders need almost every lawmaker on board to ensure passage. Johnson and Thune have stayed close to the White House, relying on Trump to pressure holdout lawmakers.
The Hill
17 minutes ago
- The Hill
Senators prep for a weekend of work to meet Trump's deadline for passing his tax and spending cuts
WASHINGTON (AP) — The Senate is expected to grind through a rare weekend session as Republicans race to pass President Donald Trump's package of tax breaks and spending cuts by his July Fourth deadline. Republicans are using their majorities in Congress to push aside Democratic opposition, but they have run into a series of political and policy setbacks. Not all GOP lawmakers are on board with proposals to reduce spending on Medicaid, food stamps and other programs as a way to help cover the cost of extending some $3.8 trillion in Trump tax breaks. The 940-page bill was released shortly before midnight Friday. Senators were expected to take a procedural vote Saturday to begin debate on the legislation, but the timing was uncertain and there is a long path ahead, with at least 10 hours of debate time and an all-night voting session on countless amendments. Senate passage could be days away, and the bill would need to return to the House for a final round of votes before it could reach the White House. 'It's evolving,' said Senate Majority Leader John Thune, R-S.D., as he prepared to close up the chamber late Friday. The weekend session could be a make-or-break moment for Trump's party, which has invested much of its political capital on his signature domestic policy plan. Trump is pushing Congress to wrap it up, even as he sometimes gives mixed signals, allowing for more time. At recent events at the White House, including Friday, Trump has admonished the 'grandstanders' among GOP holdouts to fall in line. 'We can get it done,' Trump said in a social media post. 'It will be a wonderful Celebration for our Country.' The legislation is an ambitious but complicated series of GOP priorities. At its core, it would make permanent many of the tax breaks from Trump's first term that would otherwise expire by year's end if Congress fails to act, resulting in a potential tax increase on Americans. The bill would add new breaks, including no taxes on tips, and commit $350 billion to national security, including for Trump's mass deportation agenda. But the spending cuts that Republicans are relying on to offset the lost tax revenues are causing dissent within the GOP ranks. Some lawmakers say the cuts go too far, particularly for people receiving health care through Medicaid. Meanwhile, conservatives, worried about the nation's debt, are pushing for steeper cuts. Sen. Thom Tillis, R-N.C., said he is concerned about the fundamentals of the package and will not support the procedural motion to begin debate. 'I'm voting no on the motion to proceed,' he said. Sen. Ron Johnson, R-Wis., pushing for deeper cuts, said he needed to see the final legislative text. The release of that draft had been delayed as the Senate parliamentarian reviewed the bill to ensure it complied with the chamber's strict 'Byrd Rule,' named for the late Sen. Robert C. Byrd, It largely bars policy matters from inclusion in budget bills unless a provision can get 60 votes to overcome objections. That would be a tall order in a Senate with a 53-47 GOP edge and Democrats unified against Trump's bill. Republicans suffered a series of setbacks after several proposals were determined to be out of compliance by the chief arbiter of the Senate's rules. One plan would have shifted some food stamp costs from the federal government to the states; a second would have gutted the funding structure of the Consumer Financial Protection Bureau. But over the past days, Republicans have quickly revised those proposals and reinstated them. The final text includes a proposal for cuts to a Medicaid provider tax that had run into parliamentary objections and opposition from several senators worried about the fate of rural hospitals. The new version extends the start date for those cuts and establishes a $25 billion fund to aid rural hospitals and providers. Most states impose the provider tax as a way to boost federal Medicaid reimbursements. Some Republicans argue that is a scam and should be abolished. The nonpartisan Congressional Budget Office has said that under the House-passed version of the bill, some 10.9 million more people would go without health care and at least 3 million fewer would qualify for food aid. The CBO has not yet publicly assessed the Senate draft, which proposes steeper reductions. Top income-earners would see about a $12,000 tax cut under the House bill, while the poorest Americans would face a $1,600 tax increase, the CBO said. One unresolved issue remains the so-called SALT provision, a deduction for state and local taxes that has been a top priority of lawmakers from New York and other high-tax states. The cap is now $10,000. The White House and House Republicans had narrowed in on a plan for a $40,000 cap, but for five years instead of 10. Republican senators says that's too generous. At least one House GOP holdout, Rep. Nick LaLota of New York, said he cannot support the compromise. Senate Democratic leader Chuck Schumer of New York said Republicans are rushing to finish the bill before the public fully knows what's in it. 'There's no good reason for Republicans to chase a silly deadline,' Schumer said. House Speaker Mike Johnson, who sent his colleagues home for the weekend with plans to be on call to return to Washington, said they are 'very close' to finishing up. 'We would still like to meet that July Fourth, self-imposed deadline,' said Johnson, R-La. With the narrow Republicans majorities in the House and Senate, leaders need almost every lawmaker on board to ensure passage. Johnson and Thune have stayed close to the White House, relying on Trump to pressure holdout lawmakers. ___ Associated Press writers Kevin Freking and Joey Cappelletti contributed to this report.
Atlantic
19 minutes ago
- Atlantic
The Anniversary That Democrats Would Be Wise to Forget
Yesterday marked one year since Joe Biden's debate meltdown against Donald Trump. Happy anniversary to those who observe such things, or are triggered by such things. Please celebrate responsibly. For Democrats, the debacle was a harsh awakening and the start of an ongoing spiral. Prior to that night, they could hold on to the delusion that the party might somehow eke out one last victory from Biden's degraded capacity and ward off another four-year assault from Donald Trump. But that all exploded into the gruesome reality of June 27, 2024. Every interested viewer that night remembers where they were, their various feelings (depending on their perspectives) of revulsion, grief, glee, or disbelief. I was watching at home, thinking for some reason that Biden might exceed his humble expectations. He had managed to do this periodically on big stages during his presidency—including the feisty State of the Union address he'd turned in a few months earlier. But by the time Biden walked to his podium in Atlanta, it was clear that was not happening. Something was off. The elderly president looked visibly stiffer than usual, like he was wrapped in cardboard. As co-moderator Jake Tapper of CNN unfurled his opening question—about rising grocery and home prices—Biden's eyes bugged out, as if he was stunned. His face was a drab gray color. I remember thinking there was something wrong with my TV, until the texts started rolling in. A friend observed that Biden looked 'mummified' on the stage. 'Is he sick?' my wife asked as she entered the room. Not a great start. And this was before Biden had even said a word. Then he spoke—or tried to. Biden's voice didn't really work at first. It was raspy; he kept stopping, starting, dry-coughing. After a few sentences, everything was worse. 'Oh my god,' came another text, which was representative of the early returns. 'My mother told me she's crying,' read another. (This person's mother is evidently not a Trump supporter.) My wife left the room. Mark Leibovich: Where is Barack Obama? Now here we are a year later. Democrats have been battered by events since. First among them was Trump's victory in November, in which traditional Democratic constituencies such as Black, Hispanic, and young voters defected to the GOP in large numbers. This was followed by the onslaught of Trump's second administration. Democrats keep getting described (or describing themselves) as being 'in the wilderness,' though at this point 'the wilderness' might be a generous description; it at least offers peace and quiet—as opposed to, say, your average Democratic National Committee meeting in 2025. Or, for that matter, the aftermath of this week's Democratic primary in the New York City mayor's race. Zohran Mamdani, a democratic socialist state assemblyman from Queens, became an instant It Boy with his upset of scandal-soiled former Governor Andrew Cuomo. As happens with many progressive sensations these days, Mamdani's victory was immediately polarizing. New York Democrats seem split over the result: On one side are lukewarm establishment titans such as Senate and House Minority Leaders Chuck Schumer and Hakeem Jeffries; on the other are progressive demigods such as Representative Alexandria Ocasio-Cortez and Senator Bernie Sanders. The usual Democratic divides revealed themselves: insurgent versus establishment, socialist-adjacent versus moderate, young versus old (except for Bernie, the ageless octogenarian forever big with the kids). The deeply unpopular incumbent, Eric Adams, who was elected as a Democrat in 2021, is running for reelection as an independent; despite getting trounced in the primary, Cuomo plans to stay in the race—running on something called the 'Fight and Deliver' ballot line. Mamdani is the clear favorite to prevail in November. But no one knows anything for sure, except that everything feels like a muddled mess, which has pretty much been the Democrats' default posture since the Abomination in Atlanta a year ago. The party's grass roots are showing genuine energy these days. Sanders and Ocasio-Cortez drew five-figure crowds at their 'Fighting Oligarchy' rallies this spring. The nationwide 'No Kings' protests two weekends ago were indicative of a galvanized protest movement eager to be led. Yet these signs of Trump resistance are mostly happening separate from the Democratic apparatus. As my colleague David Graham recently wrote, the 'No Kings' spectacles were themselves, paradoxically, a sign of how rudderless the party now finds itself. With a few exceptions, the Democratic leadership ranks have been largely AWOL. They toggle and flail between quiet paralysis and loud frustration, especially with one another. Mark Leibovich: The week that changed everything for Gavin Newsom Democrats have spent an inordinate amount of time and energy relitigating Biden's tenure in the White House—whether he was fit to be there and how frail he had become. The phrase cognitive decline still comes up a lot, for obvious reasons, none of them fun or especially constructive. The 2024 campaign has also come in for a spirited rehash —especially among factions of Biden world, the Kamala Harris–Tim Walz campaign, and the various PACs and outside groups ostensibly designed to support them. Republicans have of course relished every chance to revisit Biden's deterioration. The media have hammered this theme as well, most notably Tapper and his co-author, Alex Thompson of Axios, whose blockbuster autopsy, Original Sin, has been at or near the top of The New York Times ' nonfiction best-seller list for several weeks. The surest way for Democrats to move on would be to jump straight to the future: Look to 2028, as quickly as possible. Presidential campaigns at their best can be forward-looking, wide-open, and aspirational. Yes, local elections—and certainly the 2026 midterms—are important, and maybe even promising for the party. But not as important as picking a new national leader, something the Democrats have not really done since Barack Obama was first elected in 2008. Among the many tragedies of Biden's last act was that he delayed his party, indefinitely, from anointing its next generation. Trump himself might not be on the ballot in 2028, but he's still giving his opposition plenty to run against. So Democrats might as well take the show national and start now, if for no other reason than to escape from fractures of the present and circular nightmares of the recent past. Which began, more or less, on June 27 of last year. When Democrats stop dwelling on that disaster and what followed, that might signal that they're finally getting somewhere.
