
Kilmar Abrego Garcia to remain in jail while attorneys debate whether he’ll be deported if released
NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia will remain in jail for at least a few more days while attorneys in the federal smuggling case against him spar over whether prosecutors have the ability to prevent Abrego Garcia’s deportation if he is released to await trial.
The Salvadoran national whose mistaken deportation became a flashpoint in the fight over President Donald Trump’s immigration policies has been in jail since he was returned to the U.S. on June 7, facing two counts of human smuggling.
Although a federal Judge has ruled that he has a right to be released and even set specific conditions for his release, his attorneys expressed concern that it would lead to immediate detention by ICE and deportation.
On Sunday, U.S. Magistrate Judge Barbara Holmes ruled that Abrego Garcia does not have to remain in jail ahead of that trial. On Wednesday afternoon, she will set his conditions of his release and allow him to go, according to her order. However, his defense attorneys and prosecutors have said they expect him to be taken into custody by U.S. Immigration and Customs Enforcement as soon as he is released on the criminal charges.