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The centre-back, who has 26 caps to his name, was arrested in Mykonos last week and a lawyer is currently representing him at a trial.
Nonetheless, Southgate has chosen to call up the 27-year-old defender despite the ongoing drama.
The Three Lions boss has also decided to hand debut call-ups to Manchester City and Manchester United starlets Phil Foden and Mason Greenwood, and also Leeds United midfielder Kalvin Phillips.
However, Aston Villa captain Jack Grealish remains absent from selection despite his brilliant 2019/20 Premier League campaign.
England have two Nations League fixtures scheduled for the early September international break, taking on Iceland and Denmark before the start of the Premier League on September 12.
Discussing the call-ups of new-boys Foden and Grealish, Southgate said: “They are used to coming here and have been involved with England in the junior teams, so for them they are used to being part of an England team.
“This is a step up for them, but they are both more than capable.
“They have shown playing in big matches at big clubs that they are talented boys.
“They are both hugely exciting players and I think they will be part of England’s future.
“We have given them the opportunity, it is up to them to go and take it forward, but there is no reason why they can’t be involved with England for years to come.”
On Maguire’s inclusion, Southgate added: “Yes it is clearly a decision that is not straightforward and a decision that in the end I could only take on the information I have.
“I have spoken with Harry, I have the insight to the story which is very different to what is being recorded. You can only make decisions on facts you are aware of.
“If facts or information changes I will have to review that decision, but I have a fantastic relationship with the boy, he has been a fantastic character for us – he has my support at this moment.
“I’m not going to get into hypotheticals of what might happen, but I have got to reserve the right to review if further information becomes available.
“You always make decisions to the best of your ability given the information you have. People may agree or disagree with those decisions, but it is a position where every manger finds himself.
“Harry regrets the fact he has brought that sort of focus and attention to the team – he apologised for that – but also has his own side of the story.”
Leeds midfielder Phillips, who could make his England debut before ever playing a Premier League match, reacted to his call-up during an interview with Sky Sports.
“I’m over the moon,” he began. “It’s massive news for me, the club, and my family, so I’m very happy and grateful for the opportunity.
“I don’t think I was expected to get into the England squad this early into the season – even before the season has started. I thought it would take quite a while, but maybe I got lucky.”
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