By Andrew Goudsward
WASHINGTON (Reuters) -A U.S. judge ordered on Wednesday that Kilmar Abrego be released on bail while awaiting trial on human smuggling charges, a legal victory for the migrant who was wrongly deported to El Salvador by the Trump administration, but one that likely sets the stage for him to be detained again by immigration authorities.
U.S. District Judge Waverly Crenshaw in Nashville upheld a magistrate judge’s ruling that prosecutors had not shown sufficient evidence that Abrego
posed a public safety threat or was a flight risk.
The ruling will likely not lead to Abrego’s release from U.S. government custody and will trigger a renewed legal battle over whether he can be deported again.
Abrego's lawyers have asked for the ruling to be paused for 30 days, keeping him in criminal detention as they weigh their next moves.
President Donald Trump's administration has previously said if Abrego is freed from criminal custody, he will immediately be taken into immigration detention and face a second deportation to a country other than El Salvador.
The immigration proceedings will begin immediately and could lead to Abrego’s removal from the U.S. before a criminal trial, officials have said, despite the Trump administration’s previous vow that Abrego would face justice in an American courtroom.
Abrego, 29, a Salvadoran migrant who had been living in Maryland, was deported and imprisoned in El Salvador in March despite a 2019 judicial ruling that he could not be sent there because of a risk of gang persecution.
Abrego’s lawyers have asked a federal judge in Maryland, who is overseeing a civil lawsuit brought by Abrego, to halt a potential second deportation. U.S. District Judge Paula Xinis has not yet ruled, but has indicated she is prepared to order at least a brief pause.
Abrego’s case has drawn widespread attention as the Trump administration moves aggressively to deport millions living illegally in the U.S., prompting criticism that the government is infringing on legal rights.
The Trump administration brought Abrego back to the U.S. in June after securing an indictment accusing him of taking part in a smuggling ring as part of the MS-13 gang to transport migrants living in the country illegally.
Abrego has pleaded not guilty and his lawyers have accused the Trump administration of bringing the charges to cover up violations of his rights. He has denied any gang ties.
Federal prosecutors sought to convince two different judges to order Abrego be detained while awaiting a trial. They alleged that Abrego used children as cover during smuggling trips, faced complaints that he mistreated female passengers and lied about his activities when stopped by police in 2022.
Lawyers for Abrego have argued that alleged co-conspirators cooperating with prosecutors cannot be trusted because they are seeking relief from their own criminal charges and deportations. The defense has argued that witnesses gave inconsistent statements to investigators, including about the government’s core allegation that Abrego is a member of the MS-13 gang.
(Reporting by Andrew Goudsward; Editing by Scott Malone and Nia Williams)
