(Bloomberg) — Embattled Salvadoran immigrant Kilmar Abrego Garcia was freed by a Tennessee court so he can return to his home state of Maryland while he fights US human smuggling charges.
Abrego Garcia became a face of the Trump administration’s crackdown on immigrants after he was deported to a notorious mega-prison in El Salvador despite a court order barring his removal to that country. He was charged after being returned to the US in a high-profile immigration battle.
On Friday, US Magistrate Judge Barbara Holmes in Nashville ordered that Abrego Garcia be released into the “third-party custody” of his brother as part of his release deal. Holmes ordered Abrego Garcia to report to pre-trial officials in Maryland by the morning of Aug. 25. He also agreed to submit to electronic location monitoring.
Abrego Garcia’s lawyers said in a filing earlier this month that they were working with a private security firm to transport him to Maryland so that he is supervised while traveling from Tennessee.
“Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country,” Department of Homeland Security Secretary Kristi Noem said in a statement. “By ordering this monster loose on America’s streets, this judge has shown a complete disregard for the safety of the American people. We will not stop fighting till this Salvadoran man faces justice and is OUT of our country.”
In Friday’s ruling, the judge said that in the event Abrego Garcia is detained by immigration authorities upon his return to Maryland, he should have physical and phone access to his attorneys so he can prepare for his trial.
The decision comes nearly a month after the judge ruled that Abrego Garcia need not remain in custody while he fights the criminal case, and a Maryland judge granted his request to block federal immigration agents from arresting him once he’s freed.
After Abrego Garcia’s erroneous deportation, the US Supreme Court ordered the administration to facilitate his return, which the White House initially balked at. He was eventually returned, but only to face charges that he illegally transported undocumented immigrants within the country.
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