Kilmar Abrego Garcia, the undocumented migrant who was wrongfully deported to El Salvador before being returned to the United States where he was charged with federal crimes, could be released from federal custody this week.
Judge Waverly Crenshaw is currently considering a motion which will determine the conditions under which Abrego Garcia could be released.
Abrego Garcia lived in Maryland with his wife, a U.S. citizen, and kids. Defense attorneys have asked the judge to give him 48 hours to report to pretrial supervision in Maryland. Attorneys explain if Abrego Garcia is released from custody in Tennessee, because he will no longer be in federal custody, he will need time to arrange for his travel from Tennessee to Maryland.
RELATED STORY | Judge delays Kilmar Abrego Garcia's release from jail over deportation concerns
Attorneys alerted the court that they’re in the process of obtaining private security to transport Abrego Garcia from Tennessee to Maryland. They’re asking the court to keep details about his private security under seal, so that the public will not have access to the information.
Abrego Garcia's attorneys have also asked the judge to grant attorneys the ability to contact him both in person and over the phone, in the event he’s taken into Immigrant and Customs Enforcement (ICE) custody.
Judge Crenshaw will ultimately decide the terms of Abrego Garcia’s release, pending a trial date that’s currently set for January 2026.
RELATED STORY | Abrego Garcia says he was subjected to psychological torture in El Salvador jail
Abrego Garcia was among more than 200 undocumented migrants who were deported to El Salvador in March. However, his circumstances were extraordinary because he had a standing court order which prohibited his return to El Salvador after he'd proven in court that he feared for his safety if he returned to his country of birth.
Once Abrego Garcia was returned to the U.S., federal officials accused him of being involved in human trafficking, allegations that stemmed from a 2022 traffic stop. Even though he was not arrested or charged then, officials brought charges earlier this year.
