Kilmar Abrego Garcia to remain in custody amid deportation concerns

NASHVILLE, Tenn. (WKRN) — The man whose illegal deportation to a supermax prison in another country has sparked nationwide conversations will remain in federal custody, for now, while facing federal charges.

Kilmar Abrego Garcia, 29, was deported to a prison in El Salvador in March and later brought back to the U.S. to face charges of human smuggling. Among other charges, he’s accused of

conspiring to bring undocumented migrants to the U.S. from around 2016 to 2025.

On June 13, a federal judge heard arguments in a federal detention hearing but had opted to take the case “under advisement.” Sunday’s ruling from U.S. Magistrate Judge Barbara Holmes denied the government’s motion to detain Abrego. The filing added that a hearing will be set by a separate order to review and provide for his conditions of release; however, he was expected to remain in custody because of a detainer with Immigration and Customs Enforcement.

Abrego’s charges stem from a traffic stop by the Tennessee Highway Patrol in Putnam County in 2022. Body camera video shows officers discussing among themselves their suspicions of human smuggling before letting him go free. Abrego was not charged with any offense at the traffic stop before he was deported in March and returned on June 6.

He has pleaded not guilty to all charges.

During a Wednesday appearance in a Nashville federal court, it was determined that Garcia would remain in the custody of U.S. Marshals.

At the start of the hearing, Judge Holmes announced Garcia would be released on his own recognizance; however, she also noted he has an ICE detainer, meaning he would likely be released into ICE custody rather than being released to the public.

Some of the terms of release for Garcia carry the presupposition that ICE would release him from their custody, according to Holmes. She outlined certain conditions, including residency requirements, avoiding the use of any illegal drugs, and ensuring any locations or vehicles he visits or uses are not wanted in connection with other crimes.

Per Holmes, should he visit a home or use a car wanted in connection with other crimes, he would be in violation of his pretrial release terms and could be subject to imprisonment. Judge Holmes also orders Garcia not to have any contact, either direct or indirect, with any known members of the MS-13 gang.

Additionally, any illicit, nonprescription drug use could be found during randomized drug testing, which is possible under the terms. Another term of Garcia’s release is location monitoring, per Judge Holmes. He would also be subject to “home detention” should he be released from ICE custody.

Attorneys for Garcia requested the court ask the Department of Homeland Security and ICE to keep Garcia in a location where counsel may be able to meet with him.

Their concern, according to one of his attorneys, was that if DHS or ICE detained Garcia in a facility outside of Tennessee or Maryland, they would not be able to properly represent their client in violation of his constitutional rights.

Judge Holmes stressed she lacked the authority to tell ICE or DHS where to house someone in their custody, but she also recognized the unique circumstances of the case. Garcia’s team noted they were aware DHS allowed others with previous ICE detainers to remain in the U.S. so that they could testify in this case and they wanted to request the same courtesy be given to Garcia.

Acting U.S. Attorney Robert McGuire said he recognized the defense team’s concerns, and his office was happy to help “coordinate” any cooperation between DHS, ICE and the Department of Justice. He did, however, note he lacks the authority to tell DHS where they are to house Garcia.

Holmes did not say when she would file the release order for Abrego Garcia, but it will not happen before Friday afternoon.

She did refer to her own ruling as “little more than an academic exercise,” noting that ICE plans to detain him. It is less clear what will happen after that. Although Abrego Garcia can’t be deported to El Salvador — where an immigration judge found he faces a credible threat from gangs — he is still deportable to a third country as long as that country agrees to not send him to El Salvador.

The Associated Press contributed to this report.