Conditions set for Kilmar Abrego Garcia’s release from custody
Kilmar Abrego Garcia appeared in federal court Wednesday as a judge ruled he could be released from criminal custody while awaiting trial on human smuggling charges—but only if immigration officials don’t detain him first. U.S. Magistrate Judge Barbara Holmes ordered that if Garcia is released from ICE custody, he must live with his brother under home detention and be subject to location monitoring. His legal team raised no objections to the terms.
WASHINGTON – Kilmar Abrego Garcia appeared in federal court Wednesday, where U.S. Magistrate Judge Barbara Holmes ruled he could be released from criminal custody while awaiting trial on human smuggling charges—but only if immigration officials don’t detain him first.
What we know:
U.S. Magistrate Judge Barbara Holmes ruled that Garcia could be released to home detention with electronic location monitoring, under the custody of his brother.
He must comply with nearly two dozen court-ordered conditions, including restrictions on travel, methods of bail, communication, drug use, and gang affiliation. Garcia will also be prohibited from excessive alcohol use, enrolled in anger management counseling and required to surrender his passport. The hearing recessed briefly and reconvened at 4:11 p.m. ET. Garcia told the court he understood the terms of his release.
However, the court emphasized that it has no jurisdiction over ICE. Garcia may be transferred from U.S. Marshals’ custody to immigration authorities, who may detain him again.
What’s next:
Garcia will likely be transferred from the custody of the U.S. Marshals’ to ICE custody, which the court has no control over.
Garcia’s legal team has asked that, if detained, he’s detained near the Fred D. Thompson Federal Building in Nashville. His defense also requested that he be held somewhere he can meet with his legal team.
However, Nashville lacks a local federal detention facility. Holmes says she does not have the authority to dictate where ICE holds detainees during the pre-trial process.
What we don’t know:
Abrego Garcia has not been released. He may remain in U.S. Marshal custody pending further briefing on potential deportation.
What they’re saying:
His wife, Jennifer Vasquez Sura, spoke at a press conference earlier Wednesday, marking both their wedding anniversary and over 3 months since his arrest.
“It’s been 106 days since he was abducted by the Trump administration and taken from our family,” she said. “Today, he misses our wedding anniversary.”
The hearing briefly went into recess before the judge returned and issued the decision around 3 p.m. ET. Protesters later entered the courtroom’s overflow room as conditions were read aloud.
The backstory:
Garcia, a Maryland resident, was arrested in Baltimore in March and deported to El Salvador, despite a 2019 ruling that protected him from removal. He was returned to the U.S. this month following a federal indictment. He has pleaded not guilty.
On Sunday, Judge Holmes determined that the government failed to prove Garcia was a flight risk or danger to the community. However, prosecutors swiftly moved to block the ruling and argued that ICE intends to detain him immediately for possible deportation.
Garcia’s future now depends on whether ICE moves forward with custody. If not, he’ll be released under the court’s supervision.
Fox 5 will continue to follow this developing story.
