On June 22, Magistrate Judge Barbara Holmes of Nashville ordered Garcia to be released on bail, saying she did not believe he was a flight risk or a threat to the wider community. This decision was appealed by the federal government, but U.S. District Judge Waverly Crenshaw of Tennessee backed Holmes's ruling and said Garcia could be released.

The Justice Department says it intends to try Kilmar Abrego Garcia on federal smuggling charges in Tennessee before it moves to deport him, addressing fears that he could be expelled again from the U.