Kilmar Abrego Garcia could be released from federal custody Wednesday

GREENBELT, Md. - After months of legal battles, Kilmar Abrego Garcia could be released from federal custody in Tennessee on Wednesday, though the fight to keep him from being deported again continues.

Abrego Garcia was deported in March to a high-security prison in El Salvador despite a 2019 immigration judge’s ruling granting him protection over concerns of gang violence. His attorneys say he has no ties to MS-13 and was wrongfully removed during the Trump administration’s immigration crackdown.

Supreme Court orders Trump administration to facilitate return of deported Maryland man Kilmar Abrego Garcia

Possible release ahead

READ MORE: Kilmar Abrego Garcia latest: Judge to decide if he will be released from custody

His deportation sparked a legal battle ending in an April order from a Maryland district judge directing the federal government to enable his return. Under pressure, the Department of Justice complied last month, but brought Abrego Garcia back under a federal indictment stemming from a 2022 traffic stop in Tennessee. He now faces human smuggling charges, which his attorneys deny.

A hearing scheduled for 2 p.m. on Wednesday will determine whether he can be released pending trial.

Deportation fight continues

READ MORE: Kilmar Abrego Garcia could face deportation to Mexico or South Sudan: ICE official

What we know:

On Friday, U.S. District Judge Paula Xinis sharply criticized DOJ officials for refusing to clarify whether Abrego Garcia would be deported again if released in Tennessee. Federal officials have said he could be sent to a country other than El Salvador.

Attorneys argue he should remain in the U.S. to contest his removal and stand trial, calling it a critical test of due process.

A ruling from the Maryland court is expected ahead of the hearing.