NASHVILLE, Tenn. — A high-profile immigration case continues to unfold right here in Middle Tennessee. Now, a federal judge has ordered the release of Kilmar Abrego Garcia while he awaits trial on human smuggling charges. But will he be set free?
Although a federal judge ruled Sunday that Abrego Garcia could be released as he awaits trial, immigration authorities are expected to step in the moment he walks out of federal custody. That could mean deportation before his case ever goes to trial.
At his last hearing on June 13, prosecutors confirmed ICE would detain Garcia immediately if released. The U.S. government is also appealing the judge’s decision and pushing for an emergency stay ahead of a hearing set for Wednesday to decide the exact conditions of his release.
Garcia is accused of smuggling hundreds of undocumented immigrants, including minors and alleged MS-13 gang members, following a 2022 traffic stop in Tennessee. He’s pleaded not guilty, and his attorneys claim the charges are meant to justify his mistaken deportation earlier this year to a notorious prison in El Salvador.
Despite the serious allegations, the judge found no clear evidence that Garcia is a danger to the community or a flight risk. Still, whether he’ll stay in the U.S. long enough to face trial remains uncertain.

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