Salvadoran national Kilmar Abrego Garcia was released from criminal custody in Tennessee and is on his way to Maryland, his attorney confirmed Friday.
Abrego Garcia, 29, was freed after U.S. Magistrate Judge Barbara Holmes authorized his release while he awaits trial on human smuggling charges in Nashville. His legal team has arranged for private security to transport him directly to Maryland, where he previously lived with his family before his arrest earlier this year, according to a report from CBS News.
Federal prosecutors charged Abrego Garcia in June with conspiracy to transport migrants illegally across the country, a case tied to a 2022 traffic stop. The Justice Department has also accused him of ties to the violent MS-13 gang, allegations his lawyers deny. His trial is scheduled to begin in January.
The release does not resolve the government’s parallel effort to remove Abrego Garcia from the United States. Immigration and Customs Enforcement still has the authority to place him back into custody and pursue deportation.
A Maryland-based federal judge has ruled that ICE must restore him to its supervision program and give his attorneys 72 hours’ notice before attempting another removal. That notice could be given as soon as Abrego Garcia arrives in Maryland.
TRUMP ADMINISTRATION FACES KEY DECISION AHEAD OF POSSIBLE ABREGO GARCIA RELEASE
The administration has openly considered deporting him to a third country, rather than El Salvador, where he was sent in March despite a limited court order.
That removal resulted in a monthslong process, following his initial deportation to El Salvador in March, which spurred litigation over a prior immigration judge’s limited order barring him from removal to his home country. Abrego Garcia was returned to the U.S. to face criminal charges in Tennessee.