Federal judge denies Trump admin bid to keep Kilmar Abrego Garcia in custody before trial — ICE expected to detain him after release

A Tennessee federal judge on Wednesday denied the Trump administration’s bid to keep suspected MS-13 gang member Kilmar Abrego Garcia behind bars as he awaits trial on federal human smuggling charges.

Abrego Garcia, however, was expected to be detained by Immigration and Customs Enforcement (ICE) upon his release from custody.

“I can’t order ICE to take any particular actions with respect to Mr. Abrego in this case,” US Magistrate Judge Barbara Holmes said during a hearing in Nashville setting the conditions for Abrego Garcia’s release.

Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador. via REUTERS

“The most I can do is request the US Attorney’s Office to encourage cooperation from Homeland Security,” she added.

Department of Homeland Security vehicles were spotted outside the courthouse during the hearing, which coincided with US District Judge  Waverly D. Crenshaw denying the Trump administration’s bid to stay Holmes’ Sunday ruling ordering the release of Abrego Garcia pending his trial.