Lawyers for the Trump administration and Salvadorian migrant Kilmar Abrego Garcia agreed on Monday to keep Abrego in U.S. criminal custody in Tennessee for a 30-day period— delaying, if only for now, the government's stated plans to remove him to a third country.
In a filing submitted Monday to U.S. District Judge Waverly Crenshaw, lawyers for Abrego Garcia told the court that the 30-day stay agreed to by the Justice Department will afford their client additional time to evaluate his legal options ahead of the government's plans to deport him from the U.S. again— this time, likely to a third country such as Mexico or South Sudan.
The agreement appears to be a significant concession from the Trump administration, and comes after senior Trump administration officials told a federal judge in Maryland earlier this month that they plan to "immediately" take Abrego Garcia into ICE custody pending release from federal criminal custody in Tennessee and begin removal proceedings to a third country, regardless of the status of his criminal trial.
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"The government does not object to this request, and such a short delay will not affect the parties’ ability to confer regarding a proposed scheduling order or to prepare for trial," lawyers for Abrego told Judge Crenshaw on Monday.
"The government has informed defense counsel that it will continue producing discovery during this 30- day time period, the parties will continue to collaborate on a scheduling order in advance of the July 30, 2025 deadline, and do not anticipate continuance of the January 27, 2026 trial date due to this requested relief."
The 30-day stay appears to cap months of confusing and contradictory statements from the Trump administration in the case of Abrego Garcia, the Salvadorian migrant who was erroneously deported to El Salvador in March in violation of a court order, and returned to the U.S. three months later in June.
The extended time frame is also likely a welcome relief for Abrego Garcia's lawyers as they continue to wait for U.S. District Judge Paula Xinis, the federal judge in Maryland, to issue an order blocking ICE from immediately deporting their client to a third country.
Judge Xinis, who has presided over the civil case since March, suggested after a days-long evidentiary hearing this month that she planned to issue a temporary restraining order requiring ICE to keep Abrego Garcia in custody for a set amount of time before they can deport him to a third country.
The Justice Department did not immediately respond to Fox News Digital's request for comment.
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