June 23 (UPI) -- A federal judge has ordered the release of Kilmar Abrego Garcia, but the Salvadoran migrant is expected to remain in Immigration and Customs Enforcement custody as the Trump administration appeals the court's decision.
Abrego Garcia, who has been living with his family in Maryland, was wrongly deported in March to El Salvador, where he was detained in the infamous CECOT prison. The 29-year-old was returned to the United States earlier this month to face two charges related to human smuggling in Tennessee, to which he has pleaded not guilty.
President Donald Trump's Justice Department asked the court for permission to detain the migrant amid litigation. But U.S. Magistrate Judge Barbara Holmes in Tennessee issued her order Sunday, denying the Trump administration's request and acknowledging that, despite her order, Abrego Garcia will likely be transferred to ICT custody rather than remain detained by the Justice Department.
"Perhaps the sole circumstance about which the government and Abrego Abrego may agree in this case is the likelihood that Abrego will remain in custody regardless of the outcome of the issues raised in the government's motion for detention," she said.
