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

Dem Kentucky Gov. Andy Beshear demands health update on GOP Sen. Mitch McConnell

Kentucky Gov. Andy Beshear Presses for Public Update on Mitch McConnell’s Health

WASHINGTON — Kentucky Gov. Andy Beshear, a Democrat, called Wednesday for Sen.…
Lynette Hooker's mom alleges Brian Hooker lied about daughter's disappearance

Lynette Hooker’s Mother Alleges Brian Hooker Lied About Her Daughter’s Disappearance

Months after Lynette Hooker disappeared in the Bahamas, her mother is publicly…
WATCH: South Carolina block party thugs with machine gun, spear charged in mob attack on officers, police say

South Carolina Block Party Suspects Armed With Machine Gun, Spear Charged in Mob Attack on Officers, Police Say

Six people, including four juveniles, are facing charges after a Fourth of…
The Walt Disney Company celebrates 125 Emmy Award nominations

Disney Scores 125 Emmy Nominations Across TV and Streaming Lineup

LOS ANGELES — The Walt Disney Company is celebrating a major Emmy…
Karmelo Anthony blasts judge in new filing over handling of murder trial

Karmelo Anthony Challenges Judge’s Handling of Murder Trial in New Court Filing

Karmelo Anthony’s newly appointed legal team is challenging the conduct of the…
Over 20 million Americans face relentless storms as worsening flash flood risks target Upper Midwest

20 Million Americans Brace for Severe Storms as Flash Flood Threat Surges Across Upper Midwest

A renewed flash flood risk is expected to linger across the Northern…
Former Redlands Deputy Chief tops California's public payroll in 2025 without working

Former Redlands Deputy Chief Is California’s Highest-Paid Public Employee in 2025 Despite Not Working

Earning $1 million typically takes years of work. But for a former…
More than 30 injured after Maryland transit bus crashes into building near Baltimore

Maryland Transit Bus Crashes Into Building Near Baltimore, Injuring Over 30

More than 30 people were hurt Wednesday after a public transit bus…
US urges donors to abandon UNRWA funding as UN defends agency's mission

US Presses Donors to Cut UNRWA Funding as UN Defends Gaza Aid Agency’s Lifeline

US envoy: Stop funding UNRWA, back Board of Peace for Gaza Speaking…
Stocks set to slump while oil surges after Trump says Iran ceasefire is over

Markets Brace for Stock Selloff and Oil Price Spike as Trump Declares Iran Ceasefire Over

U.S. stocks were set for a sharp drop at Wednesday’s open after…
Missing 70-year-old fisherman last seen launching canoe near Pinole Shores

Search Underway for Missing 70-Year-Old Fisherman Last Seen Launching Canoe at Pinole Shores

Chilling surveillance footage captured the last known moments of a 70-year-old fisherman…
Influencer Ayzia J dead in horrific NJ crash

Influencer Ayzia J Dies in New Jersey Car Crash

A 22-year-old social media influencer and model was killed in a devastating…