A federal judge has scheduled a hearing for Wednesday to decide the release conditions of Kilmar Abrego Garcia, a Salvadoran migrant deported under President Donald Trump’s administration.
Abrego, 29, was returned to the U.S. to face charges of conspiring to smuggle migrants after his removal violated a 2019 court order barring deportation over fears he would face gang persecution in El Salvador.
U.S. Magistrate Judge Barbara Holmes ruled Sunday that Abrego cannot be held in pretrial detention, saying the government failed to prove he was a danger. She dismissed prosecution claims, citing unreliable cooperating witnesses, including a convicted smuggler.
Though Abrego may still be taken into immigration custody, Holmes said, “The court will give Abrego the due process that he is guaranteed.”
Abrego’s case has become a flashpoint in the debate over immigration enforcement and civil liberties under Trump’s presidency.
