Kilmer Abrego Garcia, who was wrongfully deported to El Salvador during the Trump administration, has returned to the U.S. after a legal struggle, but a judge in Tennessee released him from prison on Sunday while he awaits a federal trial.
That said, it seems the government plans to detain him right away after his release, with U.S. Magistrate Barbara Holmes set to address an upcoming hearing on Wednesday.
Additionally, the Department of Justice has put in a request to appeal the judge’s decision to release him.
At a detention hearing on June 13, prosecutors argued that if Abrego Garcia were released on criminal charges, U.S. Immigration and Customs Enforcement would take him into custody, potentially leading to his deportation before a trial could even take place.
The situation stems from a 2022 traffic stop in Tennessee, where Abrego Garcia was pulled over for speeding. The officer raised questions about why he was driving with so many passengers and no luggage.
The indictment mistakenly suggested he was transporting a construction worker from St. Louis, but Abrego Garcia insists he was involved in multiple trips meant to help immigrants living in the U.S. without legal status.
His attorneys filed a lawsuit in an effort to rectify what happened after he spent close to three months in jail due to this mistake.
The Trump administration resisted a court order that mandated Abrego Garcia’s return to the U.S.; however, he was quickly brought back in early June after the Justice Department announced charges against a Salvadoran national living in Maryland.
In her ruling on Sunday, Judge Holmes noted that deciding whether to release Abrego Garcia felt more like an “academic exercise.” Nonetheless, she maintained that everyone deserves a presumption of innocence and a “full and fair decision” regarding whether he should remain in federal custody before the trial.
Holmes indicated that the government failed to establish that Abrego Garcia is a flight risk, a danger to the community, or that his release would interfere with the ongoing lawsuit.
“Ultimately, the court finds no compelling evidence that Abrego’s release would pose significant risks to others or to the community,” the judge stated.
