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Judge Orders Release of Kilmar Abrego Garcia Pending Human Smuggling Trial

An appeal of the release order paves the way for his transfer to ICE custody under immigration law pending further proceedings

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Protesters gather outside the Federal Courthouse before arguments about whether Kilmar Abrego Garcia can be released from jail on Friday, June 13, 2025 in Nashville, Tenn.
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

Overview

  • U.S. Magistrate Judge Barbara Holmes ruled June 22 that Abrego Garcia could not be held on grounds of danger or flight risk and set a June 25 hearing on conditions for his release
  • The Department of Justice has filed a motion to appeal Holmes’s decision and signaled that ICE will detain him immediately under immigration statutes
  • Abrego Garcia was mistakenly deported to El Salvador in March despite a court order barring his removal and was flown back to the U.S. after the Supreme Court upheld a return order
  • He faces federal charges of conspiracy and unlawful transportation of undocumented migrants stemming from a 2022 Tennessee traffic stop and has pleaded not guilty
  • Prosecutors allege ties to the MS-13 gang, a claim Abrego Garcia denies, and his case has become a flashpoint in debates over President Trump’s immigration enforcement policies