A Nashville-based federal court judge has ordered the release of Kilmar Abrego Garcia, a Salvadorian migrant who has become a flashpoint in the Trump Administration’s immigration policies, while he awaits criminal charges.

The Justice Department and lawyers for Kilmar Abrego Garcia, the man the Trump administration mistakenly deported to El Salvador, will debate the terms of his release from federal custody on Wednesday, as he awaits trial for smuggling charges.

Kilmar Abrego Garcia will remain in jail for at least a few more days while attorneys in the federal smuggling case against him spar over whether prosecutors can prevent his deportation if he is released to await trial.