Last month, U.S. Magistrate Judge Barbara Holmes ordered Abrego Garcia not to be detained pending trial and set conditions for his release. However, after the federal government requested a stay of the order, a district judge scheduled an evidentiary hearing to allow the government to argue their request for his detention.

A federal judge in Tennessee could rule on whether to release Kilmar Abrego Garcia from jail as he awaits trial on human smuggling charges.

The first time Abrego Garcia was deported in March, the U.S. illegally took him to a Salvadorian mega prison. It brought him back June 6 to face criminal charges in Tennessee. After two hearings, Magistrate Judge Barbara Holmes ruled he should be released from jail before trial.