Kilmar Abrego Garcia, the man whom the Trump administration mistakenly deported, could be released from a Tennessee jail Friday. CBS News' Camilo Montoya-Galvez explains.

Nashville

Kilmar Abrego-Garcia, who was previously deported to El Salvador by mistake, may be released from a Tennessee jail after a federal judge determined he was not a public safety threat or flight risk. His release had been delayed at his lawyers' request, but that pause is now expiring, allowing for the possibility of his return to Maryland, where his family resides.

However, it remains uncertain whether immigration authorities in Maryland will detain him again or seek to deport him, either back to El Salvador or to another country. This case highlights ongoing legal and procedural complexities surrounding immigration enforcement and detention in the United States.

Kilmar Abrego Garcia could be released from jail

Kilmar Abrego-Garcia could be released from a Tennessee jail today. You'll recall that Garcia was mistakenly deported to El Salvador from Maryland back in March. He was brought back to Tennessee in June to face criminal charges in a move his lawyers allege were, quote, vindictive and selective. I want to bring in CBS News immigration and politics reporter Camilo Montoya-Gaves. Good to see you, my friend. Good morning. All right. So how do we expect this to play out? So earlier in the summer, a federal judge said that Abrego-Garcia could indeed be released from pretrial detention, from criminal custody, because he was not necessarily a public safety threat or a flight risk. But the open question was whether or not ICE was going to move to deport him immediately after that release. And so his lawyers asked the court to delay that release. And so that was paused. That pause is expiring today. So he could be released from that criminal federal custody. And he should be allowed to return to Maryland, where he used to live with his U.S. citizen child and wife, because of another court ruling out of Maryland. The open question is now whether ICE officials in Maryland will move to detain him, if he is indeed allowed to go back to that state, and whether they will seek to deport him to El Salvador again and try to terminate that withholding order that prevented his deportation there, or if they will move to deport him to a third country, which is technically legal in this case. All right. Let me also ask you about what's going on with Alligator Alcatraz. Environmental groups, as you know, just scored a win, because that detention center was seen as a risk to the environment. What's the latest there? Well, this is really a major setback for Florida and the Trump administration, which has been, as you know, trying to recruit states to allow them to turn state facilities into immigration detention centers. A federal judge in Florida, citing environmental concerns, has ordered Florida to stop transferring new detainees to the so-called Alligator Alcatraz facility and to stop any further expansion, any further construction at that site in the middle of the Florida Everglades. And she said that the state should have followed federal environmental laws and undertaking an environmental review before this major construction project. Florida has argued that because this is a state-run facility and not one overseen by the federal government, this does not apply here, the environmental reviews. But this judge disagreed. Importantly, the judge is also saying that Florida must remove any lighting, generators and fencing and existing infrastructure there at that facility within the next 60 days, two months. So, it is unclear whether that moves will mean, will mean, rather, that the facility will be completely shut down in the coming months. The open question also is whether a higher court will pause this ruling while the merits of the case play out in a higher court. Wow. Really interesting. Well, it's always great to have you on set, my friend. Thank you very much.

Kilmar Abrego Garcia, the Maryland construction worker deported to El Salvador and then returned to the U.S. on smuggling charges, has been released from prison in Tennessee, his attorneys say.

Kilmar Abrego Garcia released from jail in Tennessee

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