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.

Attorneys for Kilmar Abrego Garcia asked a federal judge in Tennessee on Friday to delay his release from jail because of “contradictory statements” by President Donald Trump's administration over whether or not he'll be deported upon release.