TENNESSEE (7News) — Kilmar Abrego Garcia could soon be released from custody in Tennessee. A federal judge is expected to rule Wednesday whether he can leave jail on bond as he awaits trial on human smuggling charges.

But his freedom may be short-lived. U.S. Immigration and Customs Enforcement (ICE) is expected to detain him immediately upon release.

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Department of Justice attorneys told the court the government has not yet decided whether Abrego Garcia will be deported to a third country -- That decision will come once ICE takes him into custody.

On Friday, Abrego Garcia’s legal team asked a Maryland federal judge to block any removal from the U.S. without 72 hours' notice.

The El Salvadoran man had been residing in the U.S. illegally, according to U.S. officials. He was erroneously deported from Maryland by the U.S. in March 2025, despite a 2019 federal order that kept him from being sent back to the country over fear for his safety.

The Trump Administration publicly insisted that he should've remained in El Salvador. Abrego Garcia returned to the U.S. in early June to face charges related to human trafficking.