NASHVILLE, Tenn. (WZTV) — Federal prosecutors said on Thursday that Kilmar Abrego Garcia will stand trial in Tennessee before any moves to deport him. This comes after Abrego Garcia's attorneys expressed their fear that he may be deported from the U.S. to an unknown "third" country outside of his home in El Salvador.

During an emergency conference call with the court in Maryland, Abrego Garcia’s attorneys urged U.S. District Judge Paula Xinis to order his transfer to Maryland to prevent a potential deportation before trial. The judge declined to act immediately and scheduled a hearing for July 7.

“If this Court does not act swiftly, then the Government is likely to whisk Abrego Garcia away to some place far from Maryland,” his attorneys wrote.

Abrego Garcia, a Maryland resident who was mistakenly deported to El Salvador in March despite a 2019 court order protecting him from removal due to gang threats. He was brought back to the U.S. on June 7 to face human smuggling charges tied to a 2022 traffic stop in Tennessee. Other accusations against him include affiliation with the MS-13 gang, gun smuggling, drug smuggling, and mentions of sexual assault involving minors.

Abrego Garcia pleaded not guilty to all accusations on June 13. His attorneys argue the charges are an attempt to justify the administration’s unlawful deportation.

Holmes ruled that prosecutors failed to show how Abrego Garcia is a flight risk or danger and delayed his release due to concerns that ICE may still deport him.

If ICE releases Abrego Garcia, Holmes set the condition for him to be placed on home detention at his brother’s residence, along with other conditions.

The judge will issue a written ruling on whether Abrego Garcia is released to ICE after both sides file briefs by 5 p.m. Thursday.

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