Kilmar Abrego Garcia Gets 30-Day US Custody Stay Amid Deportation Battle

In a surprising turn of events, Salvadorian migrant Kilmar Abrego Garcia has been granted a temporary reprieve from deportation, as lawyers for the Trump administration and Abrego Garcia reached an agreement on Monday to keep him in U.S. criminal custody in Tennessee for the next 30 days. This decision delays the government’s plans to deport him to a third country, such as Mexico or South Sudan, offering a small but significant window for his legal team to strategize.

The agreement, filed with U.S. District Judge Waverly Crenshaw, marks a notable concession from the administration, which had previously insisted on immediate transfer to ICE custody and deportation upon his release from federal detention. This shift comes after months of contradictory statements and actions, including Abrego Garcia’s erroneous deportation to El Salvador earlier this year in violation of a court order, only to be returned to the U.S. in June.

A breather for Abrego Garcia’s legal team, this 30-day stay ensures continued collaboration on trial preparations and discovery production without delaying the scheduled January 2026 trial date. It also buys time as they await a ruling from U.S. District Judge Paula Xinis on blocking ICE from an immediate deportation to a third country.

Judge Xinis, overseeing the civil case, has hinted at issuing a temporary restraining order to keep Abrego Garcia in custody for a brief period—possibly 48 to 72 hours—before any deportation, ensuring he has access to counsel and the chance to contest the move. Her insistence on government assurances highlights the tension and unresolved issues in this complex case.

For now, Abrego Garcia remains in limbo, caught between legal battles and administrative decisions. The Justice Department’s sudden agreement to a longer stay raises questions about what might have shifted behind closed doors, though they’ve remained silent on the matter. As this saga unfolds, it underscores the messy intersection of immigration policy and individual rights in today’s America.