Particle.news

Download on the App Store

Federal Judge Approves Abrego Garcia’s Pretrial Release as ICE Keeps Him in Custody

Disagreement between the Justice Department and ICE over custody has left him behind bars despite court-ordered release conditions.

Mistakenly deported Maryland man Kilmar Abrego Garcia will be returned to the United States to face criminal charges, after the Trump administration said they had no intention of his return.
This courtroom sketch depicts, from left, attorney Sean Hecker, Kilmar Abrego Garcia and attorney Rascoe Dean in court during Garcia's detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/Diego Fishburn)
This courtroom sketch depicts Kilmar Abrego Garcia sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (Diego Fishburn via AP)
Jennifer Vasquez Sura, center left, wife of Kilmar Abrego Garcia leaves the federal courthouse Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)

Overview

  • Garcia was wrongly deported to El Salvador in March 2025 in violation of a 2019 protection order and returned to the U.S. on June 7 following a Supreme Court directive.
  • He faces human smuggling and conspiracy charges stemming from a 2022 Tennessee traffic stop where he was driving a vehicle carrying nine passengers.
  • U.S. Magistrate Judge Barbara Holmes set strict release conditions, including home detention, location monitoring and travel limits within Tennessee and Maryland.
  • ICE has lodged a detainer that blocks his transfer from jail to home confinement and raises the prospect of a second deportation before trial.
  • Federal prosecutors say they cannot force ICE to halt removal proceedings and are scheduled for a July 16 evidentiary hearing on their motion to revoke the release order.