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Judge Orders Home Confinement for Salvadoran Migrant Facing Smuggling Charges

He will remain subject to ICE detention for removal proceedings despite the court’s strict 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.
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Overview

  • Magistrate Judge Barbara Holmes ordered Abrego Garcia into home detention under his brother’s supervision with location monitoring, travel limits and bans on firearms and gang contact
  • The Justice Department appealed Holmes’s release order but U.S. District Judge Waverly Crenshaw refused to stay it and set a July 16 hearing on the appeal
  • ICE is poised to take Abrego Garcia into custody for removal proceedings if he is released, curbing the practical impact of the court’s order
  • Federal prosecutors charged him with two counts of human smuggling stemming from a November 2022 Tennessee traffic stop, and he has pleaded not guilty
  • Abrego Garcia’s wrongful March deportation contradicted a 2019 withholding of removal order, prompting federal and Supreme Court rulings that secured his return this month