STEVE INSKEEP, HOST:
A judge has ordered Kilmar Abrego Garcia released from jail pending his criminal trial. Abrego Garcia, you'll recall, is the Salvadoran native the government illegally deported to a megaprison in El Salvador. The government claimed it could not bring him back, then did bring him back, then indicted him, which is why he's awaiting trial. The judge is now discussing the exact conditions under which he would be released. Marianna Bacallao of WPLN Nashville is covering this case. Good morning.
MARIANNA BACALLAO, BYLINE: Morning.
INSKEEP: OK. So the judge has ruled fundamentally that Abrego Garcia should be released awaiting trial. Has he been released?
BACALLAO: He has not been released. Federal Judge Barbara Holmes in Nashville delayed his release at least a few days to clear up some of those conditions.
INSKEEP: OK.
BACALLAO: But everyone in this case is aware that immigration officials are standing by to detain Abrego Garcia once he's out of jail. Yesterday, at his hearing, I counted at least six Homeland Security vehicles parked outside the courthouse, several agents milling about the street. So the judge has stressed that a lot of her conditions for his release really only come into play if he's able to leave ICE custody before the trial.
INSKEEP: Oh, OK. So how likely is that - that he could ever be released from ICE custody?
BACALLAO: Not very. The prosecution has pointed out that ICE could deport Abrego Garcia before he has a chance to stand trial. That was part of the prosecution's argument for keeping him in jail, that the threat of that possible deportation could make him more likely to flee. All of this has caused outrage from protesters and the defense, who say this could be another case in which Abrego Garcia doesn't get due process.
Like you said, the government wrongly deported Abrego Garcia three months ago to that infamous prison in El Salvador. Despite a court order against his deportation to his home country, the U.S. Supreme Court demanded his return to the U.S., and he was eventually brought back earlier this month to face human smuggling charges. Prosecutors allege he's transported people without legal status throughout the U.S. The defense says they're suspicious of the timing of the investigation, given how Abrego Garcia's case has galvanized critics of Trump's immigration policy.
INSKEEP: Can I just ask, why go through all of these proceedings about exactly how Abrego Garcia would be released if he's just going to be taken into custody again?
BACALLAO: Well, that is a question at the heart of this case, you know, especially given the prosecution saying that he may eventually be deported. During yesterday's hearing, the judge asked federal prosecutors - which is the Department of Justice - to work with the Department of Homeland Security to ensure that Abrego Garcia can make his court dates. Really, what she seems to be asking is that - if they can work with DHS to keep him here long enough for him to stand trial. And prosecutors responded, saying, essentially, it's out of their hands. They can't tell DHS what to do. Ultimately, whether he remains free once he's released isn't up to the judge. It's up to ICE.
INSKEEP: So what happens now?
BACALLAO: Sometime tomorrow or this weekend, the judge is expected to give the official order to release him. I spoke with a U.S. marshal who said there's not going to be another hearing. Once that order comes down, he'll quietly be transferred to ICE custody away from the public eye. As for the conditions, Judge Holmes did outline some standard things, like limiting his travel to Maryland, where his family lives, and here in Tennessee, where his trial is being held.
INSKEEP: Marianna Bacallao of WPLN in Nashville, thanks so much.
BACALLAO: Thanks. Transcript provided by NPR, Copyright NPR.
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