A federal judge in Tennessee has ruled in favor of releasing Kilmar Abrego Garcia ahead of his federal trial on human smuggling charges — a case that has become a focal point in former President Donald Trump’s aggressive immigration enforcement efforts.
Despite the court’s decision, Abrego Garcia is unlikely to regain his freedom, as U.S. Immigration and Customs Enforcement (ICE) is expected to detain him immediately, potentially pursuing deportation.
U.S. Magistrate Judge Barbara Holmes denied the government’s request to keep Abrego Garcia in custody, stating that prosecutors had not convincingly demonstrated that he posed a flight risk, a danger to the community, or a threat to judicial proceedings. A hearing to determine the conditions of his release is scheduled for Wednesday.
Abrego Garcia entered a not guilty plea on June 13. His attorneys argue that the smuggling charges are an attempt to retroactively justify his mistaken deportation in March to El Salvador — a country where he was reportedly sent to a notorious prison, despite legal protections against removal due to credible threats from gangs.
The charges stem from a 2022 traffic stop in Tennessee in which Abrego Garcia, pulled over for speeding, was found transporting nine passengers. He was released at the time with only a warning. A subsequent indictment accuses him of smuggling hundreds of undocumented individuals — including children and alleged MS-13 members — across the U.S.
Judge Holmes acknowledged the likelihood of ICE intervention, calling the release decision “little more than an academic exercise.” Nonetheless, she emphasized that the government failed to meet the burden of proof for continued detention, writing, “The Court cannot find from the evidence presented that Abrego’s release clearly and convincingly poses an irremediable danger to other persons or to the community.”
Federal prosecutors have appealed the decision and requested a stay to block his release. Acting U.S. Attorney Rob McGuire argued that ICE’s intent to deport him is a valid reason to keep him in federal custody.
The judge noted that coordination between the Department of Justice and the Department of Homeland Security will be necessary to decide whether criminal prosecution or deportation takes precedence.
Under a 2019 immigration court ruling, Abrego Garcia cannot legally be deported to El Salvador due to the threats he faces there, according to public defender Will Allensworth. While the government could seek removal to a third country, it must first establish that the destination would not return him to El Salvador.
Prosecutors also cited uncharged allegations — including drug and weapons trafficking, and abuse of women — to portray Abrego Garcia as dangerous. However, these claims have not resulted in formal charges.
Most individuals in ICE custody facing criminal charges are deported before trial, according to immigration law expert César Cuauhtémoc García Hernández of Ohio State University. A conviction is not required for removal due to Abrego Garcia’s undocumented status.
Any future immigration ruling can be appealed to the Board of Immigration Appeals and then potentially to a federal court. No date has been set for the criminal trial.
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