US Judge to Release Deported Migrant Kilmar Abrego Garcia on Bail
In a significant development, a US magistrate judge has announced plans to release Kilmar Abrego Garcia, an immigrant who was mistakenly deported to El Salvador despite a prior court order. However, Garcia will remain in federal custody for the time being, as he faces criminal charges related to migrant smuggling.
Legal Proceedings and Pending Charges
On Wednesday, Magistrate Judge Barbara Holmes from Nashville declared that Garcia should not be detained while awaiting trial. An official order formalizing his pre-trial release is expected by Friday. Nevertheless, Garcia will initially be taken into Immigration and Customs Enforcement (ICE) custody due to the outstanding smuggling charges he faces.
Judge Holmes has also required Garcia's legal team to submit an additional brief by Thursday noon. This document is to clarify the extent of the Department of Justice's control over the Department of Homeland Security's handling of Garcia’s case. The Department of Justice (DOJ) is expected to respond no later than Friday noon.
Background: Deportation Controversy and Family Ties
Kilmar Abrego Garcia, a Salvadoran national, has been living in Maryland with his US citizen wife and their child. Despite a 2019 court ruling preventing his deportation due to potential threats from gangs in El Salvador, Garcia was deported in March 2025. Since then, he has pleaded not guilty to the smuggling charges filed against him.
Defense Arguments Highlighting Discrepancies
During the court hearing, Garcia's attorney, Sean Hecker, emphasized that the government had granted deportation relief to witnesses cooperating against Garcia. He argued that similar protections should apply to Garcia himself to ensure fairness and consistency.
“The government has ensured witness cooperation by ensuring that people will not be deported,” Hecker stated.
Prosecutors, however, have maintained that if Garcia is released from criminal custody pending trial, he would be transferred into immigration custody, where he could face deportation once again.
Unfolding Developments
While the precise outcome remains to be seen, this case highlights the complex interplay between immigration enforcement and criminal prosecution, particularly concerning individuals with established ties in the United States who face serious allegations.
Garcia’s situation underscores ongoing debates about immigration policies, deportation procedures, and the safeguarding of migrant rights within the US legal system.
Summary: US Magistrate Judge Barbara Holmes has ordered the upcoming release of Kilmar Abrego Garcia, a migrant mistakenly deported to El Salvador, pending trial on human smuggling charges. Though Garcia will be transferred to ICE custody initially, his lawyers seek clarity on DOJ oversight and protections similar to those granted to key witnesses. The case continues to shed light on complex immigration enforcement matters.
