Kilmar Abrego Garcia could leave jail today — here's what happens next.

Kilmar Abrego Garcia could beryllium released from detention and caput backmost to his location authorities of Maryland arsenic aboriginal arsenic Friday, the latest determination successful a months-long saga that has go a awesome of President Trump's crackdown connected undocumented immigrants.

Abrego Garcia was detained successful March, mistakenly deported to El Salvador, held for months successful a notorious situation wherever helium alleges helium was tortured, and yet returned to the U.S. successful June — lone to look transgression charges successful Tennessee. The Trump medication has accused him of gang membership and smuggling, allegations helium and his household person staunchly denied.

A Nashville-based national magistrate justice ordered Abrego Garcia to beryllium released from jailhouse 2 months agone portion helium awaits a transgression proceedings acceptable to statesman successful January. That bid had been delayed astatine the request of Abrego Garcia's lawyers, who feared that Immigration and Customs Enforcement could instantly detain him and effort to deport him again.

The latest delay to Abrego Garcia's merchandise from jailhouse runs retired connected Friday — meaning that wrong hours, helium could permission custody for the archetypal clip successful months. Magistrate Judge Barbara Holmes indicated Thursday that she plans to participate an bid for his release.

But it's unclear if oregon erstwhile Abrego Garcia volition beryllium detained by ICE yet again.

What happens aft Abrego Garcia is released?

Holmes is expected to acceptable conditions for Abrego Garcia's merchandise erstwhile she issues her bid allowing him to locomotion retired of jail.

If Abrego Garcia is released, helium plans to instrumentality to Maryland, wherever helium and his household lived anterior to his March detention by ICE. Abrego Garcia's lawyers said successful tribunal papers this week that they hired a backstage information institution with "experience providing court-approved pre-trial proscription and information services successful transgression cases" to bring him to Maryland.

His attorneys person asked Holmes to springiness him 48 hours pursuing his departure from jailhouse to study to pre-trial services successful Maryland. The Justice Department — which has opposed releasing Abrego Garcia — said this week it isn't opposed to a 48-hour grace period, noting that Abrego Garcia is expected to deterioration an physics monitoring instrumentality erstwhile helium leaves custody.

The adjacent question is whether Abrego Garcia volition spell consecutive from pre-trial jailhouse to ICE custody.

Once he's released, migration agents aren't allowed to instantly instrumentality Abrego Garcia into custody successful Tennessee, nether a ruling past month by Maryland-based U.S. District Judge Paula Xinis. When helium gets backmost to Maryland, the authorities indispensable enactment him backmost into the aforesaid ICE supervision programme that helium belonged to earlier helium was detained, and they request to springiness him 72 hours' announcement if they program to initiate deportation to a state different than El Salvador, said Xinis.

Can Abrego Garcia beryllium deported again?

Xinis' bid does not forestall ICE from initiating migration proceedings against Abrego Garcia erstwhile helium returns to Maryland. She wrote past month that the authorities "may instrumentality immoderate enactment is disposable to them nether the law."

But if he's detained by ICE again, the government's plans for wherever he'd beryllium sent are unclear. 

"There's been nary determination made, arsenic helium is not successful ICE custody," Thomas Giles, adjunct manager for ICE Enforcement and Removal Operations, told Xinis past month.

Giles said ICE would instrumentality custody of Abrego Garcia "as soon arsenic possible," and would find "based connected furniture abstraction availability" wherever to clasp him.

In June, Justice Department lawyer Jonathan Guynn told Xinis the authorities would question to deport Abrego Garcia to a "third country" — that is, a state different than El Salvador. He added that determination were "no imminent plans" to region him from the United States.

However, White House spokesperson Abigail Jackson called a June study connected Abrego Garcia's imaginable deportation "fake news," penning connected X: "He volition look the afloat unit of the American justness strategy - including serving clip successful American situation for the crimes he's committed."

There are ineligible barriers to deporting Abrego Garcia to his location state of El Salvador — which helium near much than a decennary agone earlier entering the U.S. illegally astatine the property of 16.

In 2019, a justice barred the authorities from sending him to El Salvador, connected the grounds that helium feared persecution by section gangs. Despite that ruling, the Trump medication sent him to El Salvador successful March — wherever helium was held astatine the notorious CECOT mega-prison. A authorities lawyer later admitted successful tribunal that the determination was an "administrative error."

That mistake acceptable disconnected the tribunal saga surrounding Abrego Garcia. Xinis had ordered the authorities to facilitate Abrego Garcia's return to the U.S., which the Supreme Court affirmed. But helium remained successful the Central American state for months arsenic the Trump medication claimed it was up to the Salvadoran authorities to determine whether to instrumentality him, drafting vexation from Xinis, earlier helium was yet flown backmost to look transgression charges successful June.

What charges is Abrego Garcia facing?

Abrego Garcia was federally charged successful June with conspiracy to transport aliens and unlawful proscription of undocumented aliens. 

The authorities alleges that Abrego Garcia was progressive successful a smuggling ringing that transported undocumented immigrants from Texas to elsewhere successful the U.S. Federal prosecutors besides accused Abrego Garcia of belonging to the Salvadoran pack MS-13.

"As we person said since Day 1, this M13-gang subordinate and quality trafficker won't beryllium connected … American streets again," Assistant Secretary of Homeland Security Tricia McLaughlin said successful a connection earlier this week.

Abrego Garcia's attorneys person powerfully denied the government's allegations, including claims that helium belonged to MS-13. Earlier this week, his lawyers filed a question to dismiss the charges, accusing the Trump medication of engaging successful a "vindictive and selective prosecution."

His attorneys wrote Tuesday that "the lone imaginable mentation for the timing of the charges present is that the authorities chose to usage this prosecution to punish Mr. Abrego for exercising his close to situation the violations of owed process that led to his unconstitutional deportation, incarceration, and torture successful El Salvador."

Melissa Quinn and Jacob Rosen contributed to this report.