A federal magistrate judge in Tennessee has denied the government’s request to hold Kilmar Abrego Garcia in custody before trial. The judge ruled prosecutors failed to demonstrate that he poses a danger to the community or is a flight risk.
Abrego Garcia is facing serious human smuggling charges following his controversial deportation to El Salvador in March. He was returned to the U.S. to stand trial after a court ruled his removal violated legal protections.
Despite the ruling, ICE is expected to detain him through immigration proceedings, and the Justice Department has already announced its intention to appeal.