The Justice Department and lawyers for Kilmar Abrego Garcia, the man the Trump administration mistakenly deported to El Salvador, will debate the terms of his release from federal custody on Wednesday, as he awaits trial for smuggling charges.

Kilmar Abrego Garcia, who was brought back to the U.S. after being mistakenly deported to his native El Salvador, remained in custody Wednesday after the judge overseeing the federal government's human smuggling case against him ordered Abrego Garcia's attorneys and the Justice Department to file briefs on whether the government has the ability to prevent his deportation while he awaits trial.

Kilmar Abrego Garcia will stay in jail a few more days while attorneys spar over whether prosecutors can prevent his deportation if he is released before trial.