Kilmar Abrego Garcia to remain in Tennessee jail | LiveNOW from FOX
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.
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.
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.
Abrego Garcia has not been released. He may remain in U.S. Marshal custody pending further briefing on potential deportation.
His wife, Jennifer Vasquez Sura, spoke at a press conference earlier Wednesday, marking both their wedding anniversary and over 3 months since his arrest.
Fox News multimedia reporter Asher Redd joins LiveNOW's Andrew Craft with more details.
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