A federal judge in Tennessee has ruled that a Salvadoran migrant at the heart of the debate over Donald Trump’s border security policies must be released from jail while he awaits trial on human smuggling charges.

U.S. Magistrate Judge Barbara Holmes ruled in Nashville on June 22 that Kilmar Abrego Garcia, 29, cannot remain in detention, denying the federal government’s request. The judge set a June 25 hearing in Nashville to determine the conditions of Abrego Garcia’s release.

In a 51-page ruling, Holmes said the federal government “failed to meet its burden of showing a properly supported basis for detention on grounds that (Abrego Garcia) poses an irremediable danger to the community or is likely not to appear."