No ruling on detention
Magistrate Judge Barbara D. Holmes will not decide whether the government can detain Kilmar Abrego Garcia before his trial on criminal charges in Tennessee. Abrego Garcia will remain in detention until Holmes rules, however.
Holmes noted that waiting to rule on a motion for a detention is unusual, but said "this is an unusual case."
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She said she will make her decision "sooner rather than later."
The decision came at the end of a six-hour detention hearing featuring testimony from a Homeland Security Investigations agent.
Abrego Garcia's brother won't testify after all, attorneys decide
It's been slow going since court returned to session Friday afternoon, just after 1:30 p.m.
Kilmar Abrego Garcia's attorneys decided that his brother, who had previously been slated to testify after the recess, would not be called to testify after all.
As of shortly after 2:30 p.m., much of the hearing has been dedicated to testimony from Homeland Security Investigations Special Agent Peter Joseph, who stepped off the stand at 2 p.m.
Court to return from lunch break at 1:30 p.m.; Abrego Garcia's wife exits and later returns
The court proceedings on Friday had yet to draw to a close by the early afternoon.
The court paused for lunch around 12:30 p.m. and is slated to return at 1:30 p.m. When they do, Kilmar Abrego Garcia's brother will take the stand and testify for the defense.
Meanwhile, Abrego Garcia's wife, Jennifer Vasquez Sura, made a brief exit. Vasquez Sura left the courthouse just before 1 p.m., flanked by escorts who covered her face. The group walked to a coffee shop across the street, then returned to the courthouse around 1:20 p.m.
Prosecutors call Homeland Security Investigations special agent; defense questions timeline
Kilmar Abrego Garcia The voice burst through the courtroom speakers.
Prosecutors played the bodycam footage from the November 2022 traffic stop in Cookeville, which is now central to the criminal charges against the 29-year-old Maryland man. Homeland Security Investigations Special Agent Peter Joseph sat on the stand.
In the footage, Abrego Garcia is heard telling the Tennessee Highway Patrol troopers who had stopped him that he — along with the nine others in the car with him — was coming back from St. Louis. License plate readers, however, show they were not in St. Louis at any point in 2022.
A license plate reader in Spring, Texas, registered a hit on the vehicle Abrego Garcia was driving days before he was stopped.
Joseph, who was assigned to investigate alleged human smuggling by Abrego Garcia on April 28, said he received a list of the people who were in Abrego Garcia’s car the night he was stopped.
He said Homeland Security is still investigating the case but has found that six of the nine people were found to be in the country illegally. Two of the people had been removed from the U.S. to Mexico in early November.
Joseph said Abrego Garcia had also been previously stopped on I-81 in Virginia and given a citation by Virginia State Police. Reporters with the USA TODAY Network have since learned that, according to Virginia court records, that stop occurred in April 2015 when he was 19.
During the Virginia stop, Abrego Garcia was issued a $67 fine for a "high occupancy vehicle violation" and charged with a misdemeanor for driving without a license. The charge was later dismissed. In Virginia, that type of violation applies to vehicles that have less than two or three passengers, depending on the lane.
Abrego Garcia's attorney, Richard Tennent, had a chance to press Joseph during cross-examination shortly before the court took its recess for lunch.
Tennent expressed concern about the timeline alleged by the prosecution, particularly regarding the length of the drives Abrego Garcia purportedly was taking and how he could have managed them while also transporting his family and other passengers.
Earlier in the hearing, Abrego Garcia had pleaded not guilty to human smuggling charges. He was indicted in the U.S. District Court in Nashville on one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens.
Abrego Garcia enters plea as dozens protest outside
Abrego Garcia entered the courtroom about five minutes before 10 a.m., wearing an orange jumpsuit that was visible on a live video and audio broadcast feed from a different courtroom. He entered his plea at 10:12 a.m.
Meanwhile, a crowd of at least 100 people protested Abrego Garcia's prosecution outside the Nashville federal courthouse.
U.S. Magistrate Judge Barbara D. Holmes read the specifics of Abrego Garcia's charges and possible penalties against him at 10:10 a.m.
In addition to several attorneys for both the prosecution and defense, 44 people were allowed into the courtroom.
"It's a shame what they're doing," the protester says.
As Kilmar Abrego Garcia was being arraigned inside the federal courthouse, Tiki Osorio wore his passion on his sleeve during a protest outside the building.
Osorio was brought to tears as he chanted for change. For protection.
Years ago, his family migrated from Mexico. The Arkansas native was accepted to an engineering school in Arkansas, but he declined it hoping that he could become a lawyer instead.
"They're good people, very good people. I love them so much, it's a shame what they're doing," Osorio said.
Osorio is attending Motlow State Community College in hopes of making a better life.
Although his family is in Mexico, Osorio said he felt at home and supported as he chanted with other protesters on June 13.
The courtroom opened to the public about 20 minutes ahead of the hearing.
As of 9:36 a.m., the doors to the courtroom where Abrego Garcia is scheduled to appear have been opened to the public. A group of young people, likely judges' clerks, filed in eight minutes before.
From the hallway, three men on the rooftop of the courthouse can be seen operating a wired drone.
Outside of the courthouse, a growing group of at least 80 protesters has gathered at the corner of Church Street and 7th Avenue in support of Abrego Garcia.
Wife shares message from Abrego Garcia: 'Have faith'
Jennifer Vasquez Sura read a message from her husband, Kilmar Abrego Garcia, to the reporters and community members who'd gathered ahead of his trial on June 13.
"To all the families still fighting to be reunited after a family separation, or if you too are in detention, Kilmar wants you to have faith," Vasquez Sura said. "He said these dark times are where we're facing all of the tribulations God has put in our path. But keep praying and keep fighting that the light will always come soon for all of us, and you too will be able to see your family again."
Vasquez Sura said she and her husband should never have been in this situation, but that they should have been with their children instead.
"Me and Kilmar's mind is in Tennessee, but my heart is in Maryland with my kids," Vasquez Sura said.
Abrego Garcia's family arrives in courtroom
Members of Kilmar Abrego Garcia's family — including his wife, Jennifer Vasquez Sura, who'd just spoken at a news conference nearby — arrived in the courtroom around 9:06 a.m. They were accompanied by a legal observer and representatives with Court Appointed Special Advocates.
Many local clergy members also followed the family.
Abrego Garcia's wife: 'My son is alone' graduating kindergarten in Maryland, while she fights for husband's release
U.S. Marshals opened the courthouse doors at about 8:20 a.m., just under two hours before Abrego Garcia’s arraignment is scheduled to begin.
Officials brought in 20 people at a time, starting with a large group of reporters in the first group, all of whom had to register in the clerk’s office.
Rep. Justin Jones, D-Nashville, arrived outside the courtroom at 8:38 a.m., at which point the courtroom was still closed.
About 15 people could be seen protesting on the street corner outside the courthouse at that time.
Meanwhile, chants rang out at the press conference a couple of blocks away: "We are all Kilmar, we are all Kilmar," as the drumbeat continued. Speakers included Abrego Garcia’s wife, Jennifer Vasquez Sura, who said their son, Kilmar Jr., was graduating from kindergarten in Maryland as she spoke.
"My son is alone on his big day," Vasquez Sura said. "And I'm here fighting for my husband, for his dad, to come back home."
Lydia Walther Rodriguez, with Court Appointed Special Advocates, told the crowd that Abrego Garcia is not just a "name in a court case" but a Maryland father whose family is fighting for his liberty.
Lisa Sherman Luna, the executive director of the Tennessee Immigrant and Refugee Rights Coalition, said state officials are hoarding power for themselves. She also decried a recent U.S. Immigration and Customs Enforcement operation, which focused on largely immigrant neighborhoods in South Nashville and ultimately led to nearly 200 arrests .
"In early May, ICE, with support from the Tennessee Highway Patrol, conducted a dragnet operation in the heart of Nashville's most diverse community, stopping people for minor traffic infractions and turning them over to ICE simply for driving while Brown," she said.
And Metro Nashville Council Member Terry Vo said "we will not back down" as Black and Brown communities are "under attack."
"We've stood up, we've spoken out and we are demanding justice," Vo said.
Media, public await immigrant advocates' news conference
More than 50 people gathered, including several media outlets and members of the public, outside First Lutheran Church at 113 Eighth Ave. South for a news conference in support of Kilmar Abrego Garcia featuring representatives with the Tennessee Immigrant and Refugee Rights Coalition.
Outlining the speakers adorned on the church entrance is "Te Deum Laudamus," which means "We praise you, God."
Signs in the swelling crowd read "Due process for all" and "Stop separating families."
One woman carried an American flag with the stars replaced with corporate logos, and another sign read, "My birthday wish is justice for all."
"We are all children of immigrants," says first Nashvillian in line to enter federal courthouse
Michele Flynn stood feet from the federal courthouse doors with a sign reading, “Free Garcia from the land of white supremacy.”
By 7:45 a.m., a line of about 15 people had formed behind Flynn, the first person in line waiting for the courthouse to open. But she was not going to stay — she is holding a place in the courthouse for Abrego Garcia’s family.
Flynn, who said she frequently goes to the state capitol to protest anti-immigrant bills, said she sees Abrego Garcia’s prosecution as another example of attacks on immigrants.
“We are all children of immigrants,” Flynn said.
She said she wants state and national politicians to stay away from Nashville.
“We may be a blue dot in a red state, but we are speaking from a moral center about what is right,” Flynn said.
Protest march canceled due to ICE concerns
Luis Mata, the government relations manager for the Tennessee Immigrant and Refugee Rights Coalition, said a march for justice for Kilmar Abrego Garcia has been canceled.
Mata said the planned march was canceled out of an abundance of caution due to the anticipated presence of U.S. Immigration and Customs Enforcement agents.
The march would have followed a news conference featuring TIRRC, fellow immigrant advocacy organization CASA, and Metro Nashville Council Member Terry Vo, plus other guests, at 8 a.m.
When announcing the march, the organizations said it was intended "to defend due process, protect vulnerable communities and expose the dangerous authoritarianism driving these abuses."
Media arrives ahead of 10 a.m. hearing
Just under three hours from Kilmar Abrego Garcia’s federal court appearance in Nashville, news media have already gathered as a light rain falls overhead.
Across the street from the courthouse, one apartment’s windows feature signs displaying Abrego Garcia’s face with messages saying: “Immigrants are welcome here,” and “Due process for all people.”
What crime is Kilmar Abrego Garcia charged with?
This case is separate from the civil case over Abrego Garcia’s deportation .
Prosecutors say between 2016 and 2025, Abrego Garcia was part of a conspiracy to illegally transport undocumented migrants from various countries in Central and South America into and within the U.S. They say Abrego Garcia’s role was generally to pick up immigrants in the Houston area and drive them to other locations in the U.S.
The charges were filed in the Middle District of Tennessee because He was stopped in Cookeville in 2022 while driving a Chevrolet Suburban with nine men, the indictment suggests were undocumented immigrants. The Tennessee Highway Patrol troopers who pulled him over allowed him to leave, giving him only a warning for driving on an expired license.
Protests scheduled for the morning of the hearing
An hour before the hearing, protesters are expected to march to the Fred D. Thompson Courthouse. The march will be held to “defend due process, protect vulnerable communities, and expose the dangerous authoritarianism driving these abuses,” a news release from the Tennessee Immigrant and Refugee Rights Coalition, which organized the march, said.
More protesters are expected to show up directly at the courthouse.
A recent fire at the parking garage at the public library branch across from the courthouse will make parking more difficult than usual.
Abrego Garcia in U.S. Marshal custody
Abrego Garcia has been in the custody of the U.S. Marshals for the last week since his first court appearance, but it's not publicly known where. The Marshals said they do not release information on the location of pretrial detainees.
The Marshals will bring Abrego Garcia to the courthouse before the hearing begins.
Have questions about the justice system? Evan Mealins is the justice reporter for The Tennessean. Contact him with questions, tips or story ideas at emealins@tennessean.com .
This article originally appeared on Nashville Tennessean: Live updates: No ruling on Kilmar Abrego Garcia's detention following daylong hearing
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