A US magistrate judge is expected to order the release of Kilmar Abrego Garcia from a Tennessee jail on Friday while he awaits trial on federal human smuggling charges , according to news agency AP.
The decision would mark the first real sense of freedom for the 30-year-old since his wrongful deportation in March to a notorious prison in El Salvador, a case that has made him a central figure in debates over US President Donald Trump’s immigration policies.
Abrego Garcia’s lawyers said in a court filing this week that a private security company will escort him from Tennessee to Maryland once he is freed. There, he would live with his brother under court-ordered conditions , including electronic monitoring and home detention.
But his time outside jail may be brief. US Immigration and Customs Enforcement (ICE) has signalled that it intends to detain him again as soon as he reaches Maryland, raising the risk of another deportation attempt.
Thomas Giles, an ICE assistant director, testified last month that Abrego Garcia would be taken back into custody immediately upon release, as per AP.
US district Judge Paula Xinis in Maryland has already stepped in, ruling that ICE cannot act straight away. She ruled that any removal proceedings must begin in Baltimore, where they should have originally commenced and where Abrego Garcia had lived with his wife and children before his deportation.
According to AP, the judge also required ICE to give three business days’ notice before taking any action, allowing Abrego Garcia and his legal team time to challenge the move.
The former construction worker has pleaded not guilty to the smuggling charges, which stem from a 2022 traffic stop in Tennessee where he was found driving a vehicle carrying nine passengers.
His lawyers argue the case is “vindictive and selective prosecution” aimed at punishing him for resisting deportation.
For now, Abrego Garcia’s release hinges on US Magistrate Judge Barbara Holmes, who has already determined that he is not a flight risk or a danger to the community.
If her order goes through on Friday, Abrego Garcia will finally step out of jail — but the looming shadow of deportation will still hang over him.
The decision would mark the first real sense of freedom for the 30-year-old since his wrongful deportation in March to a notorious prison in El Salvador, a case that has made him a central figure in debates over US President Donald Trump’s immigration policies.
Abrego Garcia’s lawyers said in a court filing this week that a private security company will escort him from Tennessee to Maryland once he is freed. There, he would live with his brother under court-ordered conditions , including electronic monitoring and home detention.
But his time outside jail may be brief. US Immigration and Customs Enforcement (ICE) has signalled that it intends to detain him again as soon as he reaches Maryland, raising the risk of another deportation attempt.
Thomas Giles, an ICE assistant director, testified last month that Abrego Garcia would be taken back into custody immediately upon release, as per AP.
US district Judge Paula Xinis in Maryland has already stepped in, ruling that ICE cannot act straight away. She ruled that any removal proceedings must begin in Baltimore, where they should have originally commenced and where Abrego Garcia had lived with his wife and children before his deportation.
According to AP, the judge also required ICE to give three business days’ notice before taking any action, allowing Abrego Garcia and his legal team time to challenge the move.
The former construction worker has pleaded not guilty to the smuggling charges, which stem from a 2022 traffic stop in Tennessee where he was found driving a vehicle carrying nine passengers.
His lawyers argue the case is “vindictive and selective prosecution” aimed at punishing him for resisting deportation.
For now, Abrego Garcia’s release hinges on US Magistrate Judge Barbara Holmes, who has already determined that he is not a flight risk or a danger to the community.
If her order goes through on Friday, Abrego Garcia will finally step out of jail — but the looming shadow of deportation will still hang over him.
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