A federal judge in Nashville has ruled that Kilmar Abrego Garcia, a Maryland resident, can be released on bail while he awaits trial on human smuggling charges. Despite the ruling, Abrego Garcia’s release does not guarantee his immediate freedom. U.S. Magistrate Judge Barbara Holmes, of the U.S. District Court for Middle Tennessee, ordered his release citing the government’s failure to prove him as a flight risk. However, it is anticipated that Abrego Garcia will likely remain in custody, possibly transitioning to Immigration and Customs Enforcement (ICE) custody.

Abrego Garcia, a Salvadoran native who was living in Maryland with his family, was deported to El Salvador’s CECOT prison in March, despite a previous court order prohibiting his deportation to that country due to persecution concerns. He recently returned to the U.S. to face federal charges related to human smuggling.

The case highlights the complexity of immigration-related legal proceedings and the importance of due process. Holmes emphasized the presumption of innocence for all federal crime suspects, noting that the detention issues may be more symbolic given the likelihood of continued custody for Abrego Garcia.

Prosecutors accuse Abrego Garcia of conspiring to transport numerous migrants without legal status across the U.S. from Texas between 2016-2025, while the defense argues that the charges are a diversion from due process violations in his case. Another hearing is scheduled to establish the conditions of his potential release on Wednesday.