A U.S. judge has ordered Kilmar Abrego Garcia, a Salvadoran migrant accused of smuggling people into the U.S., to be released on bail while he waits for his trial. The ruling was made on Sunday, June 22, by Judge Barbara Holmes in Nashville, Tennessee.
Abrego, who lives in Maryland and whose wife and child are U.S. citizens, was wrongfully deported to El Salvador in March, despite a previous immigration court order that he should not be sent there. The court had ruled in 2019 that he could face gang persecution if returned.
He was only brought back to the United States on June 6, after his deportation was called an “administrative error.” However, the judge noted that even though Abrego is released on bail, he may still be placed in immigration detention by U.S. immigration authorities.
Why was Abrego Garcia deported if a court said no?
Abrego’s case drew national attention because it showed flaws in how deportations were handled. Critics of Donald Trump’s immigration policies used the case to highlight what they see as a lack of due process. Trump claimed Abrego was a member of the MS-13 gang, which his lawyers strongly denied.
Shortly after his return, Abrego was formally charged with migrant smuggling. The Justice Department accused him of working with five others to illegally bring migrants into the country. They said Abrego picked up people at the U.S.-Mexico border more than 100 times and also moved drugs and firearms.
Abrego has pleaded not guilty to the charges. His lawyers say the accusations were made to cover up the government’s mistake in deporting him. They also argued that the witnesses working with prosecutors are not reliable, as they are trying to avoid being deported or jailed themselves.
In her ruling, Judge Holmes said the government did not provide enough proof that Abrego was dangerous or would try to escape. A court hearing has been scheduled for Wednesday to continue the process.
At the same time, another judge in Maryland, Judge Paula Xinis, is looking into whether the Trump administration disobeyed her order to bring Abrego back from El Salvador. That order was recently supported by a unanimous decision from the U.S. Supreme Court.