A federal judge, in a setback for the Trump administration, has said she plans to order the release of a wrongly deported Salvadoran migrant while he awaits trial on human smuggling charges. Abrego Garcia has pleaded not guilty to the charges and a federal magistrate judge said in a ruling on Sunday that prosecutors had not made a convincing argument that he should be detained pending trial.

Magistrate Judge Barbara D. Holmes filed a memo on Sunday as she plans to order the release of Kilmar Abrego Garcia, while also considering that deportation could still be a possibility.