(Ken Silva, Headline USA) A federal judge in Tennessee plans to order the release of Kilmar Abrego Garcia, the alleged MS-13 member whom mainstream media dubbed “Maryland man” after he was deported to El Salvador, while he awaits a federal trial on human smuggling charges.
But Abrego Garcia is not expected to go free because U.S. Immigration and Customs Enforcement will likely take him into custody and possibly try to deport him.
In a ruling on Sunday, U.S. Magistrate Judge Barbara Holmes denied the U.S. government’s motion to keep Abrego Garcia in detention before his trial. She scheduled a hearing for Wednesday to discuss the conditions of his release.
BREAKING: Fox News has obtained video footage of Kilmar Abrego Garcia allegedly involved in human smuggling, as noted by Tennessee State Troopers.
This is the man Democrats decided to put their entire party behind lmao.
The incident happened during a traffic stop in Tennessee… pic.twitter.com/WrqkM36BkV
— Collin Rugg (@CollinRugg) May 2, 2025
The U.S. government has already filed a motion to appeal the judge’s decision and is asking the judge to stay her impending release order.
Abrego Garcia pleaded not guilty on June 13 to smuggling charges, which stem from a 2022 traffic stop for speeding in Tennessee during which Abrego Garcia was driving a vehicle with nine passengers. While officers suspected possible smuggling, Abrego Garcia was allowed to go on his way with only a warning.
Body camera footage shows a calm exchange between officers and Abrego Garcia. The officers then discussed among themselves their suspicions of smuggling before letting him go. One of the officers says, “He’s hauling these people for money.” Another says Abrego Garcia had $1,400 in an envelope.
The federal indictment accuses Abrego Garcia of smuggling throughout the U.S. hundreds of people living in the country illegally, including children and members of the violent MS-13 gang.
Abrego Garcia was sent to an El Salvadorian supermax prison in March, in contravention of an immigration judge’s hold on his deportation. He was returned to the U.S. earlier this month to face the human smuggling charges.
The Associated Press contributed to this report.
Ken Silva is the editor of Headline USA. Follow him at x.com/jd_cashless.
