Kilmar Abrego Garcia, the Maryland construction worker who was deported to El Salvador and then returned to the U.S. to face charges of smuggling, has been released from prison in Tennessee, his attorney says.
Attorney Sean Hecker released the following statement to Scripps News:
"Today, Kilmar Abrego Garcia is free. He is presently en route to his family in Maryland, after being unlawfully arrested and deported, and then imprisoned, all because of the government’s vindictive attack on a man who had the courage to fight back against the Administration’s continuing assault on the rule of law. He is grateful that his access to American courts has provided meaningful due process."
Abrego Garcia's release comes under a judge's order, which set the terms of release pending a trial date that’s currently set for January 2026.
Attorneys indicated earlier this month that they would arrange private security to accompany Abrego Garcia from Tennessee, where he was held, to Maryland, where he lives with his wife and child.
But federal authorities have signaled that even though they brought Abrego Garcia back to the U.S., they may seek to have him deported again — this time potentially to an unspecified third country — if he were released from prison. It was not clear if such a deportation would occur before Abrego Garcia's trial for smuggling.
“We do plan to comply with the orders we’ve received from this court and other courts,” a Justice Department lawyer told the court in June. "But there’s no timeline for these specific proceedings.”
In July, a judge barred Immigration and Customs Enforcement from immediately taking Abrego Garcia into custody if he was released.
U.S. District Judge Paula Xinis ordered the U.S. government to provide notice of three business days if ICE intends to initiate deportation proceedings against him.
The judge also ordered the government to restore the federal supervision that Abrego Garcia was under before he was wrongfully deported to his native El Salvador in March.
RELATED STORY | Justice Department says it intends to try Kilmar Abrego Garcia on smuggling charges
Abrego Garcia was among more than 200 undocumented migrants who were deported to El Salvador in March. However, his circumstances were extraordinary because he had a standing court order that prohibited his return to El Salvador after he'd proven in court that he feared for his safety if he returned to his country of birth.
Once Abrego Garcia was returned to the U.S., federal officials accused him of being involved in human trafficking, allegations that stemmed from a 2022 traffic stop. Even though he was not arrested or charged then, officials brought charges earlier this year.
