In this handout provided by Sen. Van Hollen's Office, U.S. Sen. Chris Van Hollen (D-MD) meets with Kilmar Armando Abrego Garcia (L) at an undisclosed location on April 17, 2025 in San Salvador, El Salvador. (Sen. Van Hollen's Office via Getty Images)
His case has become a national flashpoint in the broader fight over Trump's hard-line immigration policies in his second White House term.
In a court filing Wednesday night, lawyers for Abrego Garcia urged U.S. Magistrate Judge Sarah Holmes in Tennessee to release their client from custody while awaiting trial, arguing that the government's grounds for a detention hearing – and his alleged status as an MS-13 gang member – are meritless.
"Mr. Abrego Garcia asks the Court for what he has been denied the past several months – due process," his lawyers said, adding that there is no evidence their client is a flight risk, or that he has "systematically engaged in international travel in the recent past."
Abrego Garcia’s attorneys have also disputed his status as a member of MS-13, which was based on allegations made by a confidential informant, according to court documents. The informant had alleged Abrego Garcia belonged to an MS-13 chapter in New York, where he had never lived.
TRUMP'S REMARKS COULD COME BACK TO BITE HIM IN ABREGO GARCIA DEPORTATION BATTLE
Kilmar Abrego Garcia listens to court arguments during his hearing in Tennessee in a courtroom sketch from last week. (Paul Collins)
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Abrego Garcia's family sued the Trump administration in March after the Salvadoran man, who entered the country illegally around 2012 and was living in Maryland, was abruptly deported to El Salvador in March. An immigration judge had ruled in 2019 that he could be deported, just not to El Salvador.
Upon being returned to the U.S. last week, Abrego Garcia was immediately sent to Tennessee to face federal charges related to transporting undocumented immigrants.
This is a developing news story. Check back for updates.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/returned-salvadoran-migrant-kilmar-abrego-garcia-arraigned-federal-human-trafficking-charges-tennessee