Tennessee judge orders release of Kilmar Ábrego García, a central figure in Trump’s immigration crackdown, while awaiting federal trial on human smuggling charges. Despite the release order, it’s likely that US Immigration and Customs Enforcement (Ice) will detain him to prevent deportation before trial. US magistrate judge Barbara Holmes scheduled a hearing to discuss release conditions, with the government appealing the decision.

Holmes emphasized the presumption of innocence and the need for a fair trial, noting that the government failed to prove Ábrego García as a flight risk or danger to the community. The smuggling charges arose from a 2022 traffic stop in Tennessee, where he was driving with nine passengers. Although not charged with trafficking or abuse, cooperating witnesses accused him of such crimes.

Ábrego García’s attorneys argue the smuggling case is a ploy to justify his mistaken deportation and highlight his vulnerability if returned to El Salvador. Despite potential deportation, legal experts suggest the US may swiftly remove him without a trial. The outcome remains uncertain, with the government’s stance on stronger legal grounds for deportation without a conviction.

The case underscores the complex intersection of immigration policy and criminal proceedings, with potential implications for Ábrego García’s future and the broader immigration debate. As the legal process unfolds, the decision on deportation and trial outcomes may shape future immigration enforcement practices.