A federal judge in Nashville has ruled that Kilmar Abrego Garcia, the Maryland man wrongly deported to El Salvador in March, can be released as he awaits trial. However, upon his release, Abrego Garcia will be transferred to Immigration and Customs Enforcement custody, where officials say he will be held until his trial or his deportation.
Abrego Garcia pleaded not guilty to charges of human smuggling during a June 13 hearing, one week after he arrived back in the U.S. from a prison in El Salvador.
U.S. Attorney Rob McGuire argued in court that Abrego Garcia’s fame makes him a flight risk, as his deportation has sparked “strong feelings” among critics of the Trump administration’s crackdown on immigration.
In her ruling, Federal Magistrate Judge Barbara Holmes wrote that the government did not prove that Abrego Garcia was a flight risk, but that her ruling was more of an “academic exercise” since his release will put him into ICE custody. Holmes scheduled a hearing for Wednesday to determine the conditions of his pre-trial release.
The charges against Abrego Garcia stem from a 2022 traffic stop by the Tennessee Highway Patrol, when he was pulled over while driving an SUV with nine other men. Prosecutors say Abrego Garcia had been part of an MS-13 gang operation, transporting people without legal status from Texas to Maryland.
Attorneys for the 29-year-old father of three have said that the charges should be regarded with “skepticism,” alleging a lack of due process in Abrego Garcia’s deportation. He was sent to El Salvador despite an immigration court order that mandated he stay in the U.S. over fears of gang violence in his home country.
Wednesday’s hearing could clarify where Abrego Garcia goes next.
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