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3mo 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)
A person holds a placard as people gather for the arraignment and detention hearing for Kilmar Abrego Garcia, the man wrongly deported from Maryland to El Salvador before being returned to the United States on migrant smuggling charges, in Nashville, Tennessee, U.S., June 13, 2025. REUTERS/Seth Herald

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.