One week after being brought back to the United States from detention in El Salvador, Kilmar Abrego Garcia is set to be arraigned in Tennessee on charges of human smuggling. The 29-year-old has been embroiled in a legal battle since his deportation in March to El Salvador's CECOT mega-prison, despite a court order preventing his deportation due to persecution fears. The Trump administration claimed he was a member of MS-13, which his family and lawyers dispute.

After two months of arguing that they couldn't bring him back, the Trump administration returned him to the U.S. last week to face a two-count indictment. This indictment alleges that while living with his family in Maryland, he participated in a conspiracy to transport undocumented migrants from Texas to the interior of the country. The conspiracy involved transporting noncitizens from Mexico and Central America, including children, for money.

Federal prosecutors are seeking a pre-trial detention hearing to determine if Abrego Garcia should remain in custody until trial. Judge Barbara Holmes is expected to consider this motion on Friday. Prosecutors argue that his alleged ties to MS-13 could lead to obstruction of justice or witness intimidation.

In response, Abrego Garcia's attorneys claim the government's arguments for detention are unfounded. They argue that he is not a flight risk and has no history of evading arrest or engaging in international travel. The attorneys also dispute the claim that he poses a serious risk of obstructing justice due to alleged gang affiliation.

Given these arguments, Abrego Garcia's legal team is requesting the court to deny the government's motion for detention.