Kilmar Abrego Garcia may be released on Friday from the custody of the U.S. Department of Justice (DOJ) in Nashville following the Wednesday ruling by U.S. Magistrate Barbara Holmes, who previously denied a request for a detention hearing, but requested additional arguments about whether Abrego Garcia could receive a fair trial under U.S. Immigration and Customs Enforcement (ICE) custody.
Should he be released from DOJ custody, the prosecutors, judge, and attorneys involved in the case acknowledged Abrego Garcia will likely be detained by U.S. Immigration and Customs Enforcement (ICE), because Abrego Garcia is subject to an active ICE detainer.
Acting U.S. Attorney Robert McGuire said in his Tuesday request to stay Holmes’ decision that transferring Abrego Garcia to ICE custody will likely result in his second deportation from American soil. His request came the same day as remarks by U.S. Representative Andy Ogles (R-TN-05), who noted that the U.S. Supreme Court confirmed on Monday the Trump administration can deport illegal immigrants to a third, safe country.
At least one reporter captured images of U.S. Department of Homeland Security (DHS) vehicles outside the courthouse before Abrego Garcia’s appearance, potentially indicating federal officials were prepared for assume custody over the citizen of El Salvador.
Holmes acknowledged her court’s lack of jurisdiction over ICE, according to WKRN reporter Erin McCullough. The magistrate then instructed prosecutors to “cooperate with all court proceedings,” as well as DHS and ICE, which have sought to deport Abrego Garcia since he was arrested and accused of membership in Mara Salvatrucha (MS-13) in 2019.
The judge then reportedly instructed prosecutors to regularly update the court on Abrego Garcia’s status and noted that if ICE were to release Abrego Garcia from its custody into the United States, the El Salvadoran would be required to surrender his passport and submit to various residency and child services conditions.
Abrego Garcia’s wife, who twice accused him of domestic abuse between 2019 and 2021, was recorded entering the Fred D. Thompson Federal Courthouse after delivering remarks to supporters outside.
“It’s been 106 days since he was abducted by the Trump administration and separated from our family,” said Jennifer Vasquez Sura. “We’ve missed birthdays, graduations, and Father’s Day. Today he misses our wedding anniversary. I find myself again torn from my children, traveling back to Nashville to fight for Kilmar’s freedom.”
UPDATE: The wife of Kilmar Abrego Garcia, surrounded by immigrant advocacy groups, walks into the federal courthouse.
Abrego Garcia is scheduled to go before the judge at 2pm. @WKRN pic.twitter.com/tlX8DCtntP
— Katelyn Quisenberry (@katelynquiz) June 25, 2025
The Tennessee Star was the first outlet to report that Abrego Garcia was stopped by Tennessee Highway Patrol in November 2022, and that despite troopers’ suspicion he was engaged in human trafficking, the “Biden-era FBI” ordered his release.
Following this reporting, Abrego Garcia was returned to Tennessee on June 6, when U.S. Attorney General Pam Bondi unsealed the indictment alleging he spent nearly a decade embroiled in a criminal smuggling ring that transported women, children, and gang members who were in the country illegally. He has pleaded not guilty.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Editor’s note: This story has been updated to clarify Judge Holmes’ ruling and the disposition of Abrego Garcia.
