NASHVILLE, Tenn. (AP) — A federal judge in Tennessee plans to order the release of Kilmar Abrego Garcia, whose mistaken deportation to El Salvador has become a flashpoint in President Donald Trump’s immigration crackdown, while he awaits a federal trial on human smuggling charges.
But Abrego Garcia is not expected to go free because U.S. Immigration and Customs Enforcement will likely take him into custody and possibly try to deport him.
In a ruling on Sunday, U.S. Magistrate Judge Barbara Holmes denied the U.S. government’s motion to keep Abrego Garcia in detention before his trial. She 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 decision and is asking the judge to stay her impending release order.