NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia was released from jail in Tennessee on Friday so he can rejoin his family in Maryland while awaiting trial on human smuggling charges.
The Salvadoran national’s case became a flashpoint in President Donald Trump’s immigration agenda after he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on criminal charges.
Although Abrego Garcia was deemed eligible for pretrial release,
he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case, which requires immigration officials to allow Abrego Garcia time to mount a challenge to any deportation order.
Earlier this week, Abrego Garcia's criminal attorneys filed a motion asking the judge to dismiss the criminal case, claiming he is being prosecuted to punish him for challenging his removal to El Salvador.
Abrego Garcia has pleaded not guilty to the smuggling charges, which stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was allowed to continue driving with only a warning.
A Department of Homeland Security agent testified he did not begin investigating the traffic stop until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S.
Abrego Garcia, who had been held at the jail facility in Putnam County, has an American wife and children and has lived in Maryland for years, but he immigrated to the U.S. illegally. In 2019, an immigration judge denied his application for asylum but granted him protection from being deported back to El Salvador, where he faces a “well-founded fear” of violence, according to court filings. He was required to check in yearly with Immigration and Customs Enforcement while Homeland Security issued him a work permit.
Although Abrego Garcia can’t be deported to El Salvador without violating the judge’s order, Homeland Security officials have said they plan to deport him to an unnamed third country.
