Judge will order Kilmar Abrego Garcia’s release before trial, but ICE plans to detain him
By TRAVIS LOLLER and BEN FINLEY
Updated 7:25 PM CDT, June 22, 2025
NASHVILLE, Tenn. (AP) — A federal judge in Tennessee plans to order the release of Kilmar Abrego Garcia, whose mistaken deportation to El Salvador has become a flashpoint in President Donald Trump’s immigration crackdown, while he awaits a federal trial on human smuggling charges.
But Abrego Garcia is not expected to go free because U.S. Immigration and Customs Enforcement will likely take him into custody and possibly try to deport him.
In a ruling on Sunday, U.S. Magistrate Judge Barbara Holmes denied the U.S. government’s motion to keep Abrego Garcia in detention before his trial. She 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 decision and is asking the judge to stay her impending release order.
Abrego Garcia pleaded not guilty on June 13 to smuggling charges that his attorneys have characterized as an attempt to justify his mistaken deportation in March to a notorious prison in El Salvador after the fact. That hearing was the first chance the Maryland construction worker had in a U.S. courtroom to answer the Trump administration’s allegations.
The smuggling charges stem from a 2022 traffic stop for speeding in Tennessee during which Abrego Garcia was driving a vehicle with nine passengers. Although officers suspected possible smuggling, he was allowed to go on his way with only a warning.
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https://apnews.com/article/abrego-garcia-deportation-error-c0a515baffdf54baba412edf4cdbd310