Kilmar Abrego Garcia, a Salvadoran national whose deportation ignited a national debate on immigration enforcement, was ordered released from federal custody on Sunday by a Tennessee judge.
However, his freedom remains uncertain as immigration authorities are expected to immediately take him into custody, potentially leading to another deportation attempt before his human smuggling trial.
U.S. Magistrate Judge Barbara D. Holmes’s order for Abrego Garcia’s release follows a contentious period that resulted in his deportation to El Salvador.
During a June 13 detention hearing, prosecutors explicitly stated that should Abrego Garcia be released on the criminal charges, U.S. Immigration and Customs Enforcement (ICE) intended to take him into custody, raising concerns he could be deported again before facing trial.
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Judge Holmes has scheduled a hearing for Wednesday to finalize the conditions of Abrego Garcia’s release. However, the U.S. government has already moved to appeal the judge’s decision, signaling its intent to keep him detained.
Abrego Garcia has pleaded not guilty to the human smuggling charges. His legal team has characterized these charges as a belated attempt by the government to justify the initial deportation error, rather than a legitimate prosecution.
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