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Kilmar Abrego Garcia is expected to be released from jail only to be taken into immigration custody

NASHVILLE, Tenn. (AP) — is expected to be released from jail in Tennessee on Wednesday, only to be taken into immigration custody.

The Salvadoran national whose became a in the fight over President Donald Trump’s immigration policies has been in jail since he was on June 7, facing two counts of .

On Sunday, U.S. Magistrate Judge Barbara Holmes that Abrego Garcia does not have to remain in jail ahead of that trial. On Wednesday afternoon, she will set his conditions of release and allow him to go, according to her order. However, both his defense attorneys and prosecutors have said they expect him to be taken into custody by U.S. Immigration and Customs Enforcement as soon as he is released on the criminal charges.

In addition, federal prosecutors are appealing Holmes’ release order. Among other things, they expressed concern in a motion filed on Sunday that Abrego Garcia could be deported before he faces trial. Holmes has said previously that she won’t step between the Department of Justice and the Department of Homeland Security. It is up to them to decide whether they want to deport Abrego Garcia or prosecute him.

Abrego Garcia on June 13 to smuggling charges that his attorneys have characterized as an attempt to justify his mistaken deportation in March

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