NASHVILLE, Tenn. — 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.

The Salvadoran national whose mistaken deportation became a flashpoint in the fight over President Donald Trump’s immigration policies has been in jail since he was returned to the U.S. on June 7, facing two counts of human smuggling.

A federal Judge has ruled that Abrego Garcia has a right to be released and even set specific conditions during a court hearing on Wednesday for him to live with his brother. But Abrego Garcia’s attorneys expressed concern that it would lead to his immediate detention and possible deportation by U.S. Immigration and Customs Enforcement.

U.S. Magistrate Judge Barbara Holmes also expressed doubts during the hearing about her own power to require anything more than prosecutors using their best efforts to secure the cooperation of ICE.

“I have no reservations about my ability to direct the local U.S. Attorney’s office,” the judge said. “I don’t think I have any authority over ICE.”

Holmes did not say when she would file the release order for Abrego Garcia, but it will not happen before Friday afternoon.

Abrego Garcia, who was shackled and wearing a red jumpsuit, was expected to be released Wednesday, if only into ICE custody. But the court hearing revealed instead the competing interests between two federal agencies within the Trump administration.

Acting U.S. Attorney Rob McGuire has said in court and in filings that one of the reasons he wants Abrego Garcia to stay in jail is to ensure that he remains in the country and isn’t deported by ICE.

McGuire told the judge during Wednesday’s hearing that he would do “the best I can” to secure the cooperation of the Department of Homeland Security, which includes ICE. But the prosecutor noted, “That’s a separate agency with separate leadership and separate directions. I will coordinate, but I can’t tell them what to do.”

But Abrego Garcia’s attorney, Sean Hecker, countered that the Department of Justice and Homeland Security are both within the executive branch and seem to cooperate on other things. For example, ICE has agreed not to deport cooperating witnesses who agreed to testify against Abrego Garcia.