In a recent development in Tennessee, a federal judge has rejected the government's plea to keep Salvadorian migrant Kilmar Abrego Garcia in continued detention as his criminal trial unfolds.
Abrego Garcia, who was mistakenly deported to El Salvador before being brought back to the United States, is facing federal prosecution on charges of trafficking illegal migrants and conspiring with others to do the same.
As reported by Fox News, U.S. Magistrate Judge Barbara Holmes dismissed the government's request to detain Abrego Garcia. However, he will remain in custody until a hearing scheduled to determine his release conditions, a decision the government is likely to appeal.
During his arraignment and hearing on the government's detention on June 13, Abrego Garcia was present. Judge Holmes stated in her Sunday decision, "the sole circumstance about which the government and Abrego [Garcia] may agree in this case is the likelihood that Abrego [Garcia] will remain in custody regardless of the outcome of the issues raised in the governments motion for detention."
Judge Holmes' decision highlighted that the court found no authorization for a detention hearing under the Bail Reform Act. This was due to the government's failure to substantiate the case involved a minor and that Abrego Garcia is a flight risk. Moreover, the court determined that the government could not prove Abrego Garcia posed an irremediable threat to the community after considering several factors.
However, even if Abrego Garcia is granted release, he will be immediately arrested and detained by ICE through a separate civil immigration process from the criminal case.
The criminal charges against Abrego Garcia, who is alleged to be an MS-13 member, follow a high-profile, drawn-out legal battle over his deportation. This battle included the Trump administration's attempts to delay his return to the U.S., despite a Supreme Court order earlier this year instructing the administration to "facilitate" his release.
The indictment against Abrego Garcia alleges his involvement in a smuggling ring that facilitated illegal immigration into the U.S. and their subsequent transportation across the country. The indictment claims that Abrego Garcia and his co-conspirators made at least 100 trips between Texas and Maryland from 2016 to 2025, the year he was deported.
Special Agent Peter T. Joseph, who was assigned to Abrego Garcias case in April 2025 while he was still detained in El Salvador, informed prosecutors on June 13 that he had reviewed footage from Abrego Garcias 2022 traffic stop. This incident has become the foundation of the human smuggling charges. Joseph stated that Abrego Garcia was driving a vehicle with nine passengers from St. Louis to Maryland on an expired license when he was pulled over. Six of the nine passengers have since been identified as being in the U.S. illegally.
Abrego Garcia's legal team has strongly contested his alleged MS-13 affiliation. Abrego Garcia has pleaded not guilty to the smuggling charges. His case has ignited a national debate in the larger context of Trump's stringent immigration policies during his second term in the White House.
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