Kilmar Abrego Garcia will remain in federal custody, at least for a few more days, amid questions over what would happen if the Salvadoran migrant facing human smuggling charges is released and subsequently detained by Immigration and Customs Enforcement.

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