Judge orders Kilmar Abrego Garcia’s release from jail before trial, but ICE plans to detain him

A Tennessee judge has ordered Kilmar Abrego Garcia’s release from jail while he awaits a federal trial on human smuggling charges, but he is not expected to be allowed to go free

A Tennessee judge on Sunday ordered the release of Kilmar Abrego Garcia from jail while he awaits a federal trial on human smuggling charges, but he is not expected to be allowed to go free.

The mistaken deportation of Abrego Garcia, a citizen of El Salvador who was living in Maryland, has become a flashpoint in President Donald Trump’s immigration crackdown.

Prosecutors said at his June 13 detention hearing that U.S. Immigration and Customs Enforcement would take him into custody if he were released on the criminal charges and he could be deported before he has a chance to stand trial.

U.S. Magistrate Judge Barbara D. Holmes, who ordered Abrego Garcia’s release, has scheduled a hearing for Wednesday to discuss the conditions of his release. The U.S. government has already filed a motion to appeal the judge’s release order.

Abrego Garcia has pleaded not guilty to the smuggling charges that his attorneys have characterized as an attempt to justify the deportation mistake after the fact.