NASHVILLE − A federal judge in Tennessee has ordered the release of a Salvadoran migrant at the center of President Donald Trump’s border security policies while he awaits trial on criminal charges.
U.S. Magistrate Judge Barbara Holmes rejected federal prosecutors’ request that Kilmar Abrego Garcia, 29, remain incarcerated but imposed conditions on his release. Abrego Garcia will be released on his own recognizance but must undergo anger management counseling, home detention, location monitoring, drug testing and have no contact with MS-13 gang members, Holmes ruled during a hearing in Nashville on June 25.
Holmes acknowledged that, once released, Abrego Garcia would likely land in custody of U.S. Immigration and Customs Enforcement for possible deportation. Although outside the jurisdiction of her court, Holmes urged the U.S. Attorney's Office and the Department of Homeland Security to work together to ensure he faces criminal charges in Tennessee.
Holmes said she can't order ICE to take any particular actions in the case and the conditions of his release are only enforceable if he is not in ICE custody. "The most I can do is request the U.S. Attorney’s Office to encourage cooperation from Homeland Security," she said.
