TBA Law Blog


Posted by: Azya Thornton on Jun 23, 2025

A federal magistrate judge has ordered Kilmar Abrego Garcia to be released ahead of his federal trial in Nashville. On Sunday, Judge Barbara Holmes made the ruling public, stating, “Overall, the Court cannot find from the evidence presented that Abrego’s release clearly and convincingly poses an irremediable danger to other persons or to the community.” According to The Tennessean, prosecutors quickly filed a motion to stay the release order, saying that Garcia could face immediate deportation and might not be present for trial if the order stands. Garcia is currently subject to an Immigration and Customs Enforcement (ICE) hold, meaning he could be detained by ICE upon release. Holmes noted that the Department of Justice and the Department of Homeland Security must determine whether the government’s priority is to pursue criminal charges or proceed with deportation. No trial date has been set, but a hearing is scheduled for Wednesday in Nashville to review the conditions of Garcia’s release and address any outstanding issues. Garcia appeared at the U.S. District Court for the Middle District of Tennessee June 13 and pleaded not guilty to human smuggling charges stemming from a 2022 traffic stop in Tennessee.