NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia, a Salvadoran national, is set to be released from jail in Tennessee on Wednesday. However, his release is complicated as he will be taken into immigration custody immediately after. Abrego Garcia's case has garnered significant attention due to his mistaken deportation, which has become a key point of contention in the ongoing debate over President Donald Trump’s immigration policies.
Abrego Garcia has been incarcerated since his return to the U.S. on June 7, where he faces two counts of human smuggling. On Sunday, U.S. Magistrate Judge Barbara Holmes ruled that he does not need to remain in jail while awaiting trial. The judge is expected to set conditions for his release on Wednesday afternoon. Despite this ruling, both his defense attorneys and prosecutors anticipate that he will be taken into custody by U.S. Immigration and Customs Enforcement (ICE) immediately following his release from the criminal charges.
Federal prosecutors have expressed their intent to appeal Judge Holmes' release order, citing concerns that Abrego Garcia could be deported before his trial. In her previous statements, Judge Holmes has clarified that she will not interfere between the Department of Justice and the Department of Homeland Security regarding the decision to either deport him or prosecute him.
On June 13, Abrego Garcia pleaded not guilty to the smuggling charges, which his attorneys argue are a misguided attempt to legitimize his prior deportation in March to a high-security prison in El Salvador. The charges stem from a 2022 traffic stop in Tennessee, during which Abrego Garcia was pulled over for speeding while driving a vehicle with nine passengers.
During the detention hearing, Homeland Security Special Agent Peter Joseph testified that his investigation into Abrego Garcia did not commence until April of this year. Judge Holmes noted in her ruling that federal prosecutors had failed to demonstrate that Abrego Garcia was either a flight risk or a danger to the community. Abrego Garcia has resided in Maryland for over a decade, where he and his American wife are raising three children.
Despite Judge Holmes' ruling, she referred to it as “little more than an academic exercise,” given ICE's plans to detain Abrego Garcia. The future of his immigration status remains uncertain. Although he cannot be deported back to El Salvador due to credible threats from gangs, he remains subject to deportation to a third country, provided that nation agrees not to send him back to El Salvador.
This unfolding situation highlights the complexities of immigration law and the implications of U.S. policies on individuals like Abrego Garcia. As his case continues to develop, it raises broader questions about the intersection of criminal justice and immigration enforcement in the United States.
