A federal judge in the United States may rule on Wednesday to release immigrant Kilmar Abrego Garcia, who resides in Maryland, on bail while awaiting trial on charges of human trafficking. Abrego was mistakenly deported to El Salvador by the Trump administration in March, sparking a political focus on immigration policy within the United States and garnering significant attention.
The 29-year-old Garcia may be released on Wednesday as a federal judge in Nashville, Tennessee had previously indicated willingness to grant him bail to await trial on criminal charges related to smuggling illegal immigrants. He is accused of conspiring with at least five members of a trafficking group to illegally bring immigrants into the United States between 2016 and 2025.
These charges stem from a traffic stop by Tennessee State Highway Patrol in 2022. Body camera footage worn by the police officers captured private discussions about suspicions of Garcia’s involvement in human trafficking before allowing him to proceed. However, no charges were brought against him by authorities until after this traffic stop and his deportation in March this year.
During Wednesday’s hearing, prosecutors are expected to present a Department of Homeland Security agent to testify about the events of the traffic stop. The judge is expected to then decide whether Garcia should be released while awaiting trial.
Federal Magistrate Barbara Holmes in Tennessee had stated in late June that she would order the release of Garcia, who was mistakenly deported to El Salvador by the government, without the need for bail. However, she expressed concerns that he would immediately be detained by immigration authorities and face criminal charges of human trafficking.
Immigration officials have indicated that once Garcia is granted bail in this criminal case, they will immediately detain him and initiate deportation proceedings.
The Trump administration argued that Garcia posed a threat to the community and could be deported to a country other than his native El Salvador before trial. A U.S. immigration official mentioned on Thursday that Mexico and South Sudan might be willing to receive him.
Garcia resided in Maryland before being deported to El Salvador in March, and his wife is a U.S. citizen. They have a young son together.
In mid-March this year, the Trump administration invoked the 1798 Alien Enemies Act to deport hundreds of immigrants it identified as members of the Venezuelan gang “Tren de Aragua” to a prison in El Salvador. The administration later acknowledged the misidentification of Garcia and termed it an “administrative error,” initially accusing him of being an MS-13 gang member and briefly refusing to comply with a U.S. district judge’s order to “assist” his return to the U.S.
In mid-April, Democratic U.S. Senator Chris Van Hollen of Maryland visited El Salvador to see Garcia, creating further public interest.
Ultimately, the U.S. Department of Justice decided to allow Garcia to return to the United States to face criminal charges related to human trafficking. On June 6, Garcia was deported back to the U.S.