US judge fails to rule on status of returned deportee Abrego; future of smuggling case uncertain

Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia, arrives at the federal court house where the judge will determine the conditions of his release in Nashville, Tennessee, U.S., July 16, 2025. REUTERS/Seth Herald

By Andrew Goudsward

NASHVILLE, Tennessee (Reuters) -A federal judge in Tennessee failed to rule on Wednesday on the legal status of Kilmar Abrego, the migrant returned to the U.S. after being wrongly deported to El Salvador, prolonging uncertainty about the fate of Abrego, who was in the courtroom.

A sign is placed outside the federal courthouse where a hearing for Kilmar Abrego Garcia is taking place, during which a judge will determine the conditions of his release, in Nashville, Tennessee, U.S., July 16, 2025. REUTERS/Seth Herald

Federal prosecutors sought to convince U.S. District Judge Waverly Crenshaw in Nashville to reverse a magistrate judge’s ruling allowing Abrego - who faces human smuggling charges - to be released on bail to await a trial.

Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia, arrives at the federal court house where the judge will determine the conditions of his release in Nashville, Tennessee, U.S., July 16, 2025. REUTERS/Seth Herald

A Department of Homeland Security investigator, Peter Joseph, testified about the investigation, detailing information authorities learned from alleged co-conspirators with Abrego in a migrant smuggling ring.

Crenshaw did not rule on Wednesday.

Even if the judge orders him released from criminal custody, President Donald Trump’s administration has said Abrego will immediately be detained by immigration authorities and face a second deportation.

Abrego, a 29-year-old Salvadoran migrant who had been living in Maryland, has remained in legal limbo for weeks as Trump administration officials have given conflicting accounts of whether he will be tried in a U.S. court or quickly removed from the country again.

People hold signs ahead of a hearing for Kilmar Abrego Garcia, at the federal court house where the judge will determine the conditions of his release in Nashville, Tennessee, U.S., July 16, 2025. REUTERS/Seth Herald

A trial date of January 27, 2026 was set by the court Wednesday. It is unclear if those proceedings will begin as Abrego is expected to be taken into immigration custody and deported if he's released on bail.

Abrego was deported and imprisoned in his native El Salvador in March despite a 2019 court order barring him from being sent there because of a risk of gang persecution.

Abrego has become one of the most high-profile figures in the Trump administration’s sweeping immigration crackdown. Rights groups and administration critics have held up his case as evidence of the administration’s willingness to violate legal rights and evade courts in its effort to deport millions living illegally in the U.S.

FILE PHOTO: Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, is seen wearing a Chicago Bulls hat, in this handout image obtained by Reuters on April 9, 2025. Abrego Garcia Family/Handout via REUTERS THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. MANDATORY CREDIT./File Photo

The Trump administration, which portrays illegal immigration as a grave public safety threat, has alleged Abrego is a member of the MS-13 gang, a charge his lawyers deny.

The Justice Department brought Abrego back to the U.S. last month after securing an indictment charging him with taking part in a smuggling ring to bring immigrants to the U.S. illegally. He was accused of picking up migrants, including children, near the U.S.-Mexico border and transporting them to locations across the U.S.

Abrego has pleaded not guilty. His lawyers say the Trump administration brought the charges to cover up violations of Abrego's rights, and say alleged co-conspirators cooperating with prosecutors should not be trusted because they are seeking relief from deportation and criminal charges of their own.

A magistrate judge ordered Abrego released on bail last month, finding prosecutors had not shown evidence he needed to be detained before trial. 

Abrego’s attorneys have expressed concerns he will be quickly deported without a chance to challenge his removal.

In a separate civil lawsuit over Abrego’s wrongful deportation, the Trump administration has indicated it would most likely seek to deport Abrego to a third country, not El Salvador, floating Mexico and South Sudan as options.

(Reporting by Andrew Goudsward in Washington; Editing by David Gregorio, Matthew Lewis and Diane Craft)