Judge orders erroneously deported migrant into brother’s custody if released

Kilmar Abrego Garcia, a Salvadorian migrant who was mistakenly deported to El Salvador before being brought back to the U.S. to face prosecution, faced a federal judge on Wednesday. The Trump administration contested a previous ruling to release him pending trial for criminal charges.

U.S. Magistrate Judge Barbara Holmes stated that the government did not provide sufficient evidence that Abrego Garcia posed a serious risk of fleeing or obstructing justice if released. She emphasized that Abrego Garcia, like any individual facing federal charges, is entitled to due process.

Despite the judge’s order, it is unlikely that Abrego Garcia will be released, as the Trump administration has indicated that he will be taken into ICE custody for potential removal proceedings. The administration quickly appealed the judge’s decision.

During the hearing, Judge Holmes ordered that if Abrego Garcia were to be released, he would be placed in home detention under the custody of his brother, with location monitoring such as an ankle monitor. He would not be required to pay cash bail but must comply with several conditions, including not violating any laws, submitting DNA samples, and remaining in contact with law enforcement.

Abrego Garcia is also required to enroll in anger management counseling, prohibited from possessing firearms, using drugs without a prescription, or communicating with gang members. He must seek permission for travel and remain within specific districts.

Abrego Garcia’s deportation in March was acknowledged as an administrative error, leading to a legal battle for his return to the U.S. Despite court orders and a Supreme Court ruling, he was eventually brought back after months of delay.

His case has become emblematic of President Trump’s stringent immigration policies in his second term. The ongoing legal battle highlights the complexities and challenges faced by migrants caught in the immigration system.

For more breaking news and updates, stay tuned to Fox News Digital. You can reach out with story tips and ideas at Greg.Wehner@Fox.com or on Twitter @GregWehner.