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Judge orders Kilmar Abrego Garcia’s release from jail before trial, but ICE plans to detain him

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NASHVILLE, Tenn. (AP) — A Tennessee judge on Sunday ordered the release of Kilmar Abrego Garcia from jail while he awaits a federal trial on human smuggling charges, but he is not expected to be allowed to go free.

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The mistaken deportation of Abrego Garcia, a citizen of El Salvador who was living in Maryland, has become a flashpoint in President Donald Trump’s immigration crackdown.

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Prosecutors said at his June 13 detention hearing that U.S. Immigration and Customs Enforcement would take him into custody if he were released on the criminal charges and he could be deported before he has a chance to stand trial.

U.S. Magistrate Judge Barbara D. Holmes, who ordered Abrego Garcia’s release, has scheduled a hearing for Wednesday to discuss the conditions of his release. The U.S. government has already filed a motion to appeal the judge’s release order.

Abrego Garcia has pleaded not guilty to the smuggling charges that his attorneys have characterized as an attempt to justify the deportation mistake after the fact.

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  1. Protesters gather outside the Federal Courthouse before arguments about whether Kilmar Abrego Garcia can be released from jail on Friday, June 13, 2025 in Nashville, Tenn.
    Kilmar Abrego Garcia pleads not guilty to human smuggling charges
  2. FILE - This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia. (Murray Osorio PLLC via AP)
    Kilmar Abrego Garcia returned to the U.S., charged with transporting people in the country illegally
  3. Protestors call for the release of Maryland resident Kilmar Abrego Garcia, who was deported to CECOT prison in El Salvador before the administration of US President Donald Trump admitted he was sent there due to an
    14 news outlets ask judge to unseal filings in Abrego García case
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