Kilmar Abrego Garcia, accused of human smuggling, is at the center of a legal tug-of-war after a judge ruled he could be released on bail while awaiting trial. Though U.S. Magistrate Judge Barbara Holmes determined Abrego Garcia posed no flight risk or danger to the community, his release has been delayed amid concerns that Immigration and Customs Enforcement (ICE) may immediately deport him. Previously deported to El Salvador in violation of a 2019 court order, Abrego Garcia was recently returned to the U.S. to face charges related to transporting undocumented migrants in Tennessee. He has pleaded not guilty, claiming he was moving workers.

In an emergency motion filed Thursday, his attorneys requested he be allowed to return to Maryland, where he lived with his family, and urged the court to block any removal or transfer by ICE. The Department of Homeland Security, however, signaled plans to deport him to a third country—potentially one as unstable as South Sudan or Libya—if released. During a hearing, U.S. District Judge Paula Xinis pressed federal attorneys for a clear timeline, only to be told there were “no imminent plans.” Xinis noted she would not decide on the emergency motion before Friday, when briefs on his release terms are due. The case has exposed a growing legal conflict between criminal court rulings and immigration enforcement, with judges expressing concern over their limited authority to prevent ICE from acting independently.