Kilmar Abrego Garcia will remain in jail for at least a few more days while attorneys in the federal smuggling case against him spar over whether prosecutors have the ability to prevent Abrego Garcia’s deportation if he is released to await trial.

Lawyers for Salvadorian migrant Kilmar Abrego Garcia filed an emergency motion Thursday asking a federal judge to order their client’s return to Maryland, and to block ICE officials from deporting him while his criminal case in Tennessee continues to play out.