Kilmar Abrego Garcia is expected to be released from jail only to be taken into immigration custody

Kilmar Abrego Garcia to Be Released From Jail, Immediately Placed in Immigration Custody

Kilmar Abrego Garcia is anticipated to be freed from a Tennessee jail on Wednesday, though he will immediately be taken into immigration custody.

The Salvadoran citizen, mistakenly deported and whose case ignited debate over President Donald Trump’s immigration policies, has been detained since his return to the U.S. on June 7 on two human smuggling charges.

On Sunday, U.S. Magistrate Judge Barbara Holmes decided that Abrego Garcia does not need to stay incarcerated before the trial. Her order states she will determine his release conditions on Wednesday afternoon, allowing him to leave jail. Nevertheless, both his defense team and prosecutors predict U.S. Immigration and Customs Enforcement will detain him as soon as he is released on the criminal charges.

In addition, federal prosecutors are appealing Holmes’ release order. Among other things, they expressed concern in a motion filed on Sunday that Abrego Garcia could be deported before he faces trial. Holmes has said previously that she won’t step between the Department of Justice and the Department of Homeland Security. It is up to them to decide whether they want to deport Abrego Garcia or prosecute him.

Abrego Garcia pleaded not guilty on June 13 to smuggling charges that his attorneys have characterized as an attempt to justify his mistaken deportation in March to a notorious prison in El Salvador.

Those charges stem from a 2022 traffic stop for speeding in Tennessee during which Abrego Garcia was driving a vehicle with nine passengers. At his detention hearing, Homeland Security Special Agent Peter Joseph testified that he did not begin investigating Abrego Garcia until April of this year.

Holmes said in her Sunday ruling that federal prosecutors failed to show that Abrego Garcia was a flight risk or a danger to the community. He has lived for more than a decade in Maryland, where he and his American wife are raising three children.

However, Holmes referred to her own ruling as “little more than an academic exercise,” noting that ICE plans to detain him. It is less clear what will happen after that. Although he can’t be deported to El Salvador — where an immigration judge found he faces a credible threat from gangs — he is still deportable to a third country as long as that country agrees to not send him to El Salvador.

You May Also Like

West Village claims 4 of NYC’s top 15 first-date restaurants: survey

West Village Dominates NYC’s Best First-Date Restaurants, Survey Finds

New York City offers countless places to spark a romance — but…
Gabby Petito's mother urges public 'ripple effect' to help find the missing 5 years after daughter's murder

Gabby Petito’s Mom Urges Public to Help Find the Missing

If you or someone you know is experiencing domestic abuse, call the…
NYC truck strikes two teens riding Citibike killing one on Manhattan LES

NYC Truck Hits Two Citi Bike-Riding Teens on Lower East Side, Killing One

Two teenage girls riding together on an electric bike were struck by…
'Devoted' father and grandfather-to-be swimming at popular beach killed in suspected shark attack

Devoted Dad, Grandfather-to-Be Dies in Suspected Shark Attack

A 63-year-old “devoted” father and soon-to-be grandfather was reportedly killed by a…
Sacramento County slaughterhouse ‘kill floor’ moves forward despite neighbor backlash

Sacramento County Kill Floor Plan Advances Despite Backlash

A Sacramento County community is pushing back against a proposed slaughterhouse —…
Homeless man chases California college student into her off-campus home

Homeless Man Chases California Student Into Off-Campus Home

A UC Berkeley student endured a terrifying encounter when a man experiencing…
Brooklyn woman arrested after fleeing attempt to snatch 4-year-old boy from grandma outside McDonald's

Brooklyn Woman Arrested After Attempted Kidnapping of 4-Year-Old Outside McDonald’s

A 47-year-old woman accused of trying to take a 4-year-old boy from…
LaPorte County, Indiana manhunt: Suspect found dead, another in custody after shots fired at Indiana State Police trooper

LaPorte County Manhunt Ends: Suspect Dead, Another Held After Trooper Shooting

LAPORTE COUNTY, Ind. () — Authorities searched Friday for an “armed and…
San Francisco tech exec mocked for cringeworthy list of dating 'non-negotiables'

San Francisco Tech Exec’s Dating ‘Non-Negotiables’ Draw Mockery

A Silicon Valley executive is facing intense backlash after publishing a detailed…
Berkeley homeless encampment infested with deadly rat urine

Berkeley Homeless Encampment Faces Health Risks From Rat Urine Contamination

Two people living in a heavily contaminated RV near a homeless encampment…
California trench collapse kills worker who was trapped underground for hours

California Trench Collapse Kills Worker After Hours Trapped Underground

An excavation worker was killed in California’s Central Valley after a trench…
Donald Trump bans media from White House: MS NOW, CNN and Politico say journalists were denied access to The White House

Trump Administration Denies White House Access to Reporters From CNN, Politico and MS NOW

WASHINGTON — Reporters for CNN, MS NOW and Politico were denied entry…