This undated photo provided by CASA, an immigrant advocacy organization, shows Kilmar Abrego Garcia. (CASA via AP)A US judge on Wednesday said she would order the pre-trial release of Kilmar Abrego Garcia, a migrant who was mistakenly deported to El Salvador by the US government but he will remain in federal custody at least for a few more days, as the judge noted that Garcia would be taken into Immigration and Customs Enforcement (ICE) custody as he still faces criminal migrant smuggling charges.Nashville-based US Magistrate Judge Barbara Holmes said on Wednesday that she will pass an order that Garcia should not be detained while he awaits trial for human smuggling charges. The order is expected to come by Friday.Judge Holmes also ordered Garcia’s lawyers to file an additional brief to express their concerns in order to know the extent in which the Department of Justice has any control over the Department of Homeland Security in Garcia’s case. The brief by Garcia’s lawyers should be filed by Thursday noon. Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, right, stands with supporters during a news conference at CASA’s Multicultural Center in Hyattsville. (AP Photo/Jose Luis Magana, FIle)Abrego Garcia faces criminal charges under the Department of Justice (DOJ) and an immigration custody under ICE. The DOJ is poised to respond over the matter by Friday noon. Garcia, a Salvadoran national, had been living in Maryland with his US citizen wife and a son. He has pleaded not guilty to the charges.Also Read | Kilmar Abrego Garcia is back in the US, charged with human smuggling as attorneys vow ongoing fightUS prosecutors said that if Abrego Garcia is released from criminal custody pending trial then he would be placed into immigration custody and possibly deported. Garcia’s lawyer Sean Hecker told Judge Holmes that since prosecutors had granted witnesses against Abrego relief from possible deportation, it should be able to do the same with him.“The government has ensured witness cooperation by ensuring that people will not be deported,” Hecker said, reported Reuters.Garcia was deported to El Salvador in March despite a 2019 court order barring such a move on the grounds that he could face persecution by gangs in his home country.Stay updated with the latest - Click here to follow us on Instagram© IE Online Media Services Pvt LtdTags:US immigrantsUS news