Judge orders Trump admin to place Kilmar Abrego Garcia under home detention pending trial

A federal Tennessee judge on Wednesday ordered the Trump administration to release Salvadoran migrant Kilmar Abrego Garcia from federal custody and place him under home detention pending his upcoming criminal trial.

The order is a bit tricky because of the possibility that United States Immigration and Customs Enforcement (ICE) officers could take him into custody if he is released. U.S. Magistrate Judge Barbara Holmes admitted she did not have the authority to tell ICE where to detain someone during pretrial.

Holmes on Sunday stated that the Justice Department failed to prove its case earlier this month that Abrego Garcia was a serious flight risk, or that he could obstruct justice if released. 

"Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial," Holmes said, per Fox News. "The Court will give Abrego the due process that he is guaranteed."

Holmes ordered Abrego Garcia to be placed under home detention, and ruled he must undergo anger management counseling, location monitoring, drug testing and have no contact with MS-13 gang members, according to USA Today.

Holmes ordered the Justice Department to try and obtain cooperation from the Department of Homeland Security to allow Abrego Garcia to show up and transport him to court to face the charges, CNN reported.

The migrant has been accused of human trafficking by transporting hundreds of illegal migrants over many years. The maximum sentence for transporting each person is 10 years in prison. He has pleaded not guilty to all charges.

Abrego Garcia emerged as a focal point of the Trump administration's crackdown on illegal immigration, after he was deported to El Salvador despite a court order that allowed him to remain in the country for his own safety. He was returned earlier this month.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.