The Justice Department and attorneys for Kilmar Abrego Garcia, a Salvadoran national, agreed Sunday to keep him in U.S. criminal custody for an additional 30 days, temporarily delaying efforts by the Trump administration to deport him to a third country, such as Mexico or South Sudan. The move gives Abrego Garcia time to assess legal options before potential transfer to Immigration and Customs Enforcement (ICE) custody for removal proceedings.
In a filing to U.S. District Judge Waverly Crenshaw, defense lawyers said the brief stay would not impact preparations for the January 27, 2026, trial. The DOJ agreed, noting that discovery and scheduling efforts would continue during the extension. Court documents show the defense emphasized that the delay is procedural and not expected to interfere with the criminal case timeline.
The agreement follows controversy surrounding Abrego Garcia’s mistaken deportation to El Salvador in March, despite a court order explicitly barring removal to that country. He was returned to the U.S. in June after judicial intervention. A separate Maryland judge, Paula Xinis, is expected to rule on a restraining order that would block ICE from deporting him to a third country.
Abrego Garcia remains in Tennessee as both legal and civil proceedings continue
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