Judge Orders Kilmar Abrego Garcia Be Released Before Trial, But ICE Detention Still Possible

Abrego Garcia has been indicted on charges of smuggling illegal immigrants into the United States.

Kilmar Abrego Garcia, a Salvadoran illegal immigrant who was living in Maryland and was deported to El Salvador, in a handout image on April 9, 2025. Abrego Garcia's Family/File Photo/Handout via Reuters

A federal judge on Sunday ordered the release of Kilmar Abrego Garcia pending trial on human smuggling charges, while acknowledging that the Salvadoran national may still be taken into Immigration and Customs Enforcement (ICE) custody upon release.

Abrego Garcia, an illegal immigrant from El Salvador, was returned to the United States earlier this month after a court ruling determined he should not have been deported to his home country in March.