Ábrego García was taken back to the USA from El Salvador on June 7 and was arrested, suspected of human trafficking.
On Sunday, a judge decided that he does not need to be detained before the trial. However, both his lawyer and the prosecutors have said that he is expected to be taken into custody by the immigration authority ICE as soon as he is released.
At the same time, federal prosecutors have opposed the judge's order for release, among other things, with the objection that the Department of Homeland Security may want to deport Ábrego García before a trial can be held.
Ábrego García's wife, the American citizen Jennifer Vasquez Sura, said during a press conference before the expected release that it has been 106 days since her husband was "kidnapped by the Trump administration".
Kilmar should never have been taken away from us.
The charges against Ábrego García are based on an incident in 2022, when a car in Tennessee was stopped for speeding. In the car were the 29-year-old and nine passengers. Ábrego García was then allowed to drive on.
The investigation against him began in April this year.
Ábrego García, who was born in El Salvador, came to the USA illegally in 2011. He was arrested but got a form of residence permit in 2019 when an immigration judge decided that he could not be sent to his home country due to threats from criminal gangs.