A U.S. judge on Sunday ordered Kilmar Abrego Garcia, the migrant returned to the U.S. in early June after being wrongfully deported to his native El Salvador, released on bail pending his criminal trial on migrant smuggling charges.

The judge acknowledged in her ruling that determining whether Abrego Garcia should be released is "little more than an academic exercise" because ICE will likely detain him.

A Tennessee judge plans to order Kilmar Abrego Garcia’s release from jail while he awaits a federal trial on human smuggling charges, but he is not expected to be allowed to go free.