A federal court in Tennessee is expected to order the release of Kilmar Abrego Garcia, whose deportation has drawn national attention amid President Donald Trump’s aggressive immigration enforcement policies. Abrego Garcia, accused of human smuggling, pleaded not guilty on June 13 and faces trial for allegedly smuggling hundreds of migrants, including minors and MS-13 gang members. The charges stem from a 2022 traffic stop in Tennessee. U.S. Magistrate Judge Barbara Holmes ruled there was insufficient evidence to justify holding Abrego Garcia in jail before trial, noting he posed no clear flight risk or danger to the community. However, she acknowledged that his release might be purely symbolic, as U.S. Immigration and Customs Enforcement (ICE) is likely to detain him immediately and potentially deport him. The U.S. government has appealed Holmes’ decision and requested a delay in any release order.

Federal prosecutors argue that Abrego Garcia should remain in jail, citing allegations from witnesses who accuse him of drug and gun trafficking and assault—though he has not been charged with those crimes. His legal team points to a 2019 immigration court ruling that blocks his deportation to El Salvador due to threats from gangs. Deportation to a third country would require that nation’s consent. Legal experts, including Ohio State’s César Cuauhtémoc García Hernández, note that individuals like Abrego Garcia are often deported without trial. His case remains at the intersection of criminal and immigration law, with no trial date yet set.