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Judge Orders Kilmar Abrego Garcia’s Release but ICE Plans to Re-Detain Him

His release order has been appealed by the Justice Department ahead of a scheduled hearing on pretrial conditions.

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Kilmar Abrego-Garcia, a Salvadoran national, speaks with a Tennessee Highway Patrol officer during a traffic stop on Interstate 40 in Tennessee, U.S. November 30, 2022 in a still image from body camera video.   Tennessee Department of Safety & Homeland Security/Handout via REUTERS/File Photo
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Overview

  • U.S. Magistrate Judge Barbara D. Holmes granted Abrego Garcia release on personal recognizance after his June 13 not guilty plea to human smuggling charges.
  • U.S. Immigration and Customs Enforcement indicated it will immediately take Abrego Garcia into custody to pursue deportation once he is freed on the criminal case.
  • The Justice Department filed a motion to appeal the release order, arguing continued detention is necessary pending his trial.
  • Abrego Garcia’s attorneys describe the smuggling charges as an effort to retroactively justify his mistaken deportation to El Salvador.
  • A hearing set for Wednesday will address the conditions under which Abrego Garcia could be released before trial.