Kilmar Abrego Garcia was released from criminal custody in Tennessee on Friday, marking the first time he has not been imprisoned since the Trump administration deported him to El Salvador in March and later brought him back to the US to face human smuggling charges. Abrego Garcia successfully convinced two federal judges to order his release while he awaits trial.
Despite walking out of jail in Tennessee to return to Maryland, where he was living and working before the wrongful deportation, his immediate fate in the US remains uncertain. Federal prosecutors sought to keep him behind bars pending his trial on human smuggling charges set for January, but both a magistrate judge in Nashville and the federal judge overseeing his trial rejected those arguments.
Abrego Garcia's lawyers requested him to stay in custody to prevent hasty deportation proceedings once released. A federal judge in Maryland set up guardrails to ensure his due process rights are respected and barred officials from immediately taking him into ICE custody upon release.
Abrego Garcia, who fled gang violence in El Salvador, faces allegations of transporting undocumented individuals, including MS-13 members. He denies any association with MS-13 and claims vindictive prosecution for challenging his wrongful deportation.
His attorneys argue that the prosecution is intended to justify the deportation and have requested the case be dismissed on those grounds. The federal judge overseeing the trial has asked for a response early next month.
