U.S. District Judge Waverly D. Crenshaw Jr. said on 16 July he will not rule this week on whether Salvadoran national Kilmar Abrego Garcia may be released from a Tennessee jail while he awaits trial on federal human-smuggling charges. The delay keeps Abrego Garcia in criminal custody for at least another week and prolongs uncertainty over whether U.S. Immigration and Customs Enforcement will seek to deport him the moment he leaves jail. Crenshaw is reviewing a 22 June order by U.S. Magistrate Judge Barbara D. Holmes that granted Abrego Garcia pre-trial release under conditions that included electronic monitoring and residence with his brother in Maryland. Prosecutors appealed Holmes’s finding that the defendant is neither a flight risk nor a danger to the community, arguing instead that "no combination" of bail terms can ensure public safety. They also say ICE intends to detain Abrego Garcia immediately if he is freed from criminal custody. The case has become a touchstone of the Trump administration’s immigration policy. Abrego Garcia, a Maryland construction worker, was wrongfully deported to El Salvador in March despite a 2019 immigration judge’s order shielding him from removal because of gang threats. The Supreme Court later ordered the government to facilitate his return; upon arrival in June he was indicted for allegedly transporting migrants in the United States, accusations he denies. ICE has indicated it could try to remove him to a third country such as Mexico or South Sudan, a move Abrego Garcia’s lawyers say would violate due-process protections and thwart his ability to stand trial in the United States.