The Justice Department and attorneys for Salvadoran national Kilmar Abrego Garcia reached an agreement Sunday to keep him in U.S. criminal custody in Tennessee for 30 days, temporarily delaying the Trump administration’s plans to deport him to a third country such as Mexico or South Sudan upon his release.

In a filing to U.S. District Judge Waverly Crenshaw, defense attorneys said the short-term stay would allow Abrego Garcia time to evaluate his legal options before possibly being transferred from federal criminal custody to Immigration and Customs Enforcement custody for removal proceedings. Crenshaw is weighing whether to reverse a magistrate judge’s prior decision to allow Abrego Garcia to be released ahead of his trial early next year.

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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,” the defense team wrote Sunday.

The filing noted that the DOJ would continue turning over discovery materials during the 30 days and that both sides would continue working toward a scheduling order ahead of a July 30 deadline. The defense said it does not anticipate the 30-day stay will delay the Jan. 27, 2026, trial date.

The agreement represents a concession from the Trump administration, which previously told a federal judge in Maryland that it intended to take Abrego Garcia immediately into ICE custody upon his release from Tennessee and begin the deportation process, regardless of his criminal case.

The case of Abrego Garcia, who was mistakenly deported to El Salvador in March despite a court order barring his removal only to that country, has sparked confusion and criticism. He was returned to the United States in June following judicial intervention, and his legal team has since been pressing for court protections to prevent another removal.

JUDGE SKEPTICAL OF DOJ EFFORT TO KEEP ABREGO GARCIA IN JAIL BEFORE TRIAL

The decision to allow for a 30-day stay may also ease pressure on Abrego Garcia’s lawyers as they await a ruling from U.S. District Judge Paula Xinis in Maryland. Xinis is expected to issue a temporary restraining order that would block ICE from deporting Abrego Garcia to a third country immediately after his criminal detention ends.

Abrego Garcia remains in custody in Tennessee while his legal team and the government work toward trial preparations and await further developments in the civil case pending in Maryland.