NATIONAL NEWS

Kilmar Abrego Garcia is expected to be released from jail only to be taken into immigration custody

Jun 24, 2025, 9:16 PM | Updated: Jun 25, 2025, 6:34 pm

FILE - Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly depo...

FILE - Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, right, stands with supporters during a news conference at CASA's Multicultural Center in Hyattsville, Md., April 4, 2025. (AP Photo/Jose Luis Magana, FIle)
Credit: ASSOCIATED PRESS

(AP Photo/Jose Luis Magana, FIle)

NASHVILLE, Tenn. (AP) — Kilmar Abrego Garcia is expected to be released from jail in Tennessee on Wednesday, only to be taken into immigration custody.

The Salvadoran national whose mistaken deportation became a flashpoint in the fight over President Donald Trump’s immigration policies has been in jail since he was returned to the U.S. on June 7, facing two counts of human smuggling.

On Sunday, U.S. Magistrate Judge Barbara Holmes ruled that Abrego Garcia does not have to remain in jail ahead of that trial. On Wednesday afternoon, she will set his conditions of release and allow him to go, according to her order. However, both his defense attorneys and prosecutors have said they expect him to be taken into custody by U.S. Immigration and Customs Enforcement as soon as he is released on the criminal charges.

In addition, federal prosecutors are appealing Holmes’ release order. Among other things, they expressed concern in a motion filed on Sunday that Abrego Garcia could be deported before he faces trial. Holmes has said previously that she won’t step between the Department of Justice and the Department of Homeland Security. It is up to them to decide whether they want to deport Abrego Garcia or prosecute him.

Abrego Garcia pleaded not guilty on June 13 to smuggling charges that his attorneys have characterized as an attempt to justify his mistaken deportation in March to a notorious prison in El Salvador.

Those charges stem from a 2022 traffic stop for speeding in Tennessee during which Abrego Garcia was driving a vehicle with nine passengers. At his detention hearing, Homeland Security Special Agent Peter Joseph testified that he did not begin investigating Abrego Garcia until April of this year.

Holmes said in her Sunday ruling that federal prosecutors failed to show that Abrego Garcia was a flight risk or a danger to the community. He has lived for more than a decade in Maryland, where he and his American wife are raising three children.

However, Holmes referred 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 he 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.

Please follow our Community Guidelines

National News

FILE - The flags of Canada and the United States fly in Ottawa, Sept. 12, 2026. (Adrian Wyld/The Ca...

Associated Press

The cost of drugs from Canada is set to soar for millions of Americans because of a federal rule

WASHINGTON (AP) — Millions of Americans who buy cheap drugs from Canada could soon lose access when a customs rule goes into effect later this month, a change that has sparked opposition from Democrats and some Republicans with the cost of living a top issue for voters ahead of midterm elections. The rule applies to […]

12 minutes ago

FILE - A small group of people supporting restrictions on artificial intelligence hold up signs in ...

Associated Press

Most Americans think artificial intelligence is developing too fast, a new AP-NORC poll finds

WASHINGTON (AP) — Worries around artificial intelligence cross party lines, with the vast majority of Americans saying the U.S. government should prioritize keeping AI under human control and protecting workers. A new poll from The Associated Press-NORC Center for Public Affairs Research finds that most Americans, 64%, think AI is developing “too fast,” while 27% […]

1 hour ago

(AP Illustration / Peter Hamlin)Credit: ASSOCIATED PRESS...

Associated Press

Caregivers need to take care of themselves, too

CONCORD, N.H. (AP) — For Jessica Renda, the breaking point was a particularly chaotic Christmas season. Consumed by her eldest daughter’s mental and behavioral health struggles, she stopped exercising or doing anything else that brought her joy. Forget holiday magic, she was barely hanging on. “After that, I was like, ‘I really need to take […]

2 hours ago

Crew members prepare the U.S.S. Abraham Lincoln (CVN 72) for return on Wednesday, Oct. 7, 2026, to ...

Associated Press

The long-deployed USS Lincoln is returning home to San Diego

SAN DIEGO (AP) — The USS Abraham Lincoln is returning home to San Diego Thursday after supporting the Iran war during a record long deployment of 265 uninterrupted days at sea that included reports of deteriorating conditions among its crew. Defense Secretary Pete Hegseth flew out to the carrier on Wednesday to give the crew […]

3 hours ago

Associated Press

Isaias becomes the first hurricane of the Atlantic season as it surges towards US Gulf Coast

Isaias surged towards the U.S. Gulf Coast on Thursday after strengthening into the first hurricane of the Atlantic season, the National Hurricane Center said, prompting mandatory evacuations and school closures in some coastal areas of Florida. Forecasters warned Isaias could bring damaging hurricane-force winds to parts of the Florida Panhandle, southern Alabama and southern Mississippi, […]

6 hours ago

President Donald Trump is displayed on the scoreboard as he attends the Tennessee-Texas NCAA colleg...

Associated Press

The midterm elections won’t keep Trump from college football on Saturday. A hurricane might

WASHINGTON (AP) — The midterm elections are looming and the first hurricane of the Atlantic Season is menacing the Gulf Coast. But President Donald Trump is really, really hoping the weather doesn’t stop him from going to another big college football game — this one in Alabama on Saturday night. “Well, hurricane and football? I […]

8 hours ago

Kilmar Abrego Garcia is expected to be released from jail only to be taken into immigration custody