NASHVILLE, Tenn. (WZTV) — A week after Kilmar Abrego Garcia appeared before a federal judge in downtown Nashvillethere’s still no decision on whether he will await trial from home in Maryland or remain in federal custody — a delay that legal experts say is not unusual in complex immigration cases.
Garcia, whose controversial deportation under the Trump administration sparked national protests, was later brought back to the United States and is now facing federal smuggling charges in Tennessee. His case has once again put Nashville in the immigration spotlight, raising questions about due process, public pressure and how long someone can be held without a ruling.
During a recent hearing, federal prosecutors argued Garcia poses a flight risk and a potential danger to the community. His defense team disputes that, calling the government’s case speculative and lacking evidence.
Judge Barbara Holmes did not issue a ruling from the bench and has not indicated when a written decision might come. The delay has prompted questions from immigrant rights groups and legal observers alike.
Attorney Nora Elshar told FOX 17 News that delays are common when the stakes are high.
“Judges will review everything that’s been filed. They review pleadings, sometimes even rewatch witness testimony just to ensure that their orders are clear, concise and correct,” Elshar said.
But beyond the legal logistics, Elshar noted this case touches on politically charged themes of immigration enforcement, civil liberties and public trust in the justice system.
“This is about people’s freedoms, people’s rights. That carries such a heavy weight,” she said.
According to Elshar, in cases this complex and controversial, judges sometimes take weeks — even months — to issue a final order.
For now, Garcia remains in federal custody. If Judge Holmes rules in favor of his release, he would be transferred to the custody of Immigration and Customs Enforcement, not set free.
FOX 17 News will continue to follow developments in the case as they unfold.
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