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Top Trump administration officials have argued that Kilmar Abrego Garcia will continue to pass the US legal system before he is deported again.
According to News Nation, Abrego Garcia’s lawyer asked a judge on Friday to keep him behind the bar.
But before he deports, he plans to test US Abrego Garcia on suspicion of smuggling a Tennessee-based human being. And if he is convicted, the White House says he will spend time behind a US bar before he is deported.
The judge sets strict conditions for Abrego Garcia’s release as Trump officials pursue a lawsuit against him
Kilmer Abrego Garcia, an illegal Salvador immigrant deported to El Salvador, wears a Chicago Bulls hat with this handout. (Distribution via Abrego Garcia Family/Reuters)
“The defendant has been charged with a horrific crime involving a trafficked child and will not be able to walk freely in our country again,” DOJ spokesman Chad Gilmartin told Fox News Digital in an email.
The White House further clarified the administration’s stance following an Associated Press report on comments from federal prosecutors and a report that he had expelled him to a third country earlier.
“This is fake news. Abrego Garcia has been returned to the US to face trial for a terrible charge against him. He faces the full power of the American judicial system, including spending time in American prisons for the crimes he committed.”
Salvador immigrant Kilmer Abrego Garcia has been arrested on federal trafficking charges in Tennessee
Chris Van Hollen tells Kilmer Garcia (Reuters)
DHS Deputy Director Tricia McLaughlin said the 29-year-old will not be released in the US at any point.
“Kilmer Abrego Garcia is an illegal foreigner of dangerous criminals. We have said it for months and are loyal to this day. He will never be free in American soil,” she wrote.
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Abrego Garcia, who lived in Maryland, was deported to El Salvador as a designated foreign terrorist organization amid accusations of being a member of the MS-13 gang. He then spent time detained at the national terrorist confinement centre. While in custody at home, it raised concerns by Democrats about the due process, and even raised Sen. Chris Van Hollen meeting with him in a Central American country in DM.D.
Previous records of domestic abuse emerged while in El Salvador’s detention emerged, reporting that he allegedly took part in human smuggling, leading to a federal complaint brought earlier this month, returning to American custody.
Democrats celebrate the return of suspicious traffickers Kilmer Abrego Garcia
This courtroom sketch depicts Kilmer Abrego Garcia sitting in court during a detention hearing held in Nashville, Tennessee on Wednesday, June 25th, 2025. (Diego Fishburn via AP)
“Abrego Garcia has landed in the United States to face justice,” Attorney General Pam Bondy said at the time. “The large ju judge in the Central District of Tennessee has returned a sealed charge accusing him of alien smuggling and conspiracy.”
However, critics denounced the accusation as a political move.
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“After weeks of the Trump administration, they said they could or would not return Kilmer Abrego Garcia to the United States, the timing of these charges was clearly designed to cover up their negligence, and the Supreme Court called for the fact that they unanimously ignored the legitimate process,” Tennessee Immigration and the Coalition of Difficult Rights said in a statement at the time. “Even so, Abrego Garcia will be able to spend the day in court, regardless of citizenship, that the Constitution guarantees to all of our nation.”
Cameron Arcand is a political writer for Fox News Digital at Washington DC.
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