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22m ago

Judge Orders Abrego Garcia’s Release but ICE Will Detain Him

Finding insufficient evidence for pretrial detention, a Tennessee magistrate judge anticipated ICE would place him in immigration custody under removal proceedings.

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Jennifer Vasquez Sura, wife of Kilmar Abrego Garcia, center, is escorted out of the Federal Courthouse on Friday, June 13, 2025, in Nashville, Tenn. (AP Photo/George Walker IV)
Demonstrators hold signs during a protest against deportation by Immigration and Customs Enforcement Thursday, June 12, 2025, in New York. (AP Photo/Frank Franklin II)

Overview

  • On June 22, U.S. Magistrate Judge Barbara Holmes denied prosecutors’ request to keep Kilmar Abrego Garcia jailed pending trial and scheduled a June 25 hearing on conditions of release.
  • He was flown back to the United States on June 6 after a federal grand jury indicted him and months after the Trump administration mistakenly deported him to El Salvador in March despite a court order barring his removal.
  • Abrego Garcia pleaded not guilty on June 13 to conspiracy and unlawful transportation charges stemming from a 2022 Tennessee traffic stop in which he was driving a vehicle with nine passengers.
  • The Justice Department appealed Holmes’ release ruling and sought a stay, arguing that Abrego Garcia poses a flight risk and could be deported before trial.
  • Even if released by the criminal court, U.S. Immigration and Customs Enforcement is expected to take him into custody immediately and resume removal proceedings.