Judge Orders Pretrial Release of Human Smuggling Suspect

A federal judge in Tennessee has decided to order the pre-trial release of Kilmar Abrego Garcia, a case that has gained significant attention due to its connection with President Donald Trump’s immigration policies. Abrego Garcia is currently facing federal charges related to human smuggling. However, his release is not expected to be straightforward as U.S. Immigration and Customs Enforcement (ICE) plans to detain him and potentially attempt to deport him again.

In a ruling issued on Sunday, U.S. Magistrate Judge Barbara Holmes denied the government’s request to keep Abrego Garcia in detention while he awaits his trial. A hearing has been scheduled for Wednesday to discuss the conditions of his release. The government has already filed an appeal against the judge’s decision and is seeking a stay on the release order.

Abrego Garcia pleaded not guilty to the smuggling charges on June 13. His attorneys have argued that these charges are an attempt to justify his mistaken deportation to a notorious prison in El Salvador in March. The smuggling allegations stem from a 2022 traffic stop in Tennessee, where Abrego Garcia was driving a vehicle with nine passengers. Although officers suspected possible smuggling, he was only given a warning and allowed to continue on his way.

A federal indictment alleges that Abrego Garcia has been involved in smuggling hundreds of undocumented individuals across the U.S., including children and members of the violent MS-13 gang. The investigation into these activities was initiated weeks after the Supreme Court ordered the administration to facilitate his return from El Salvador amid growing public pressure.

Judge Holmes acknowledged in her ruling that the decision to release Abrego Garcia is largely symbolic, as ICE is likely to take him into custody. However, she noted that the government failed to provide sufficient evidence to prove that Abrego Garcia poses a flight risk, a danger to the community, or that he would interfere with legal proceedings if released. “Overall, the Court cannot find from the evidence presented that Abrego’s release clearly and convincingly poses an irremediable danger to other persons or to the community,” the judge wrote.

The acting U.S. attorney for the Middle District of Tennessee, Rob McGuire, argued that the potential attempt by ICE to deport Abrego Garcia was a reason to keep him in jail. The judge suggested that the Department of Justice and the Department of Homeland Security should coordinate to determine whether the government’s priority is to prosecute him on criminal charges or to deport him. No trial date has been set yet.

A 2019 immigration judge’s order prevents Abrego Garcia from being deported to his native El Salvador due to the credible threat he faces from gangs there. According to Will Allensworth, an assistant federal public defender representing Abrego Garcia, the government could deport him to a third country, but immigration officials would first need to confirm that the third country is willing to accept him and not simply deport him back to El Salvador.

During the detention hearing, McGuire presented claims from cooperating witnesses that Abrego Garcia was involved in trafficking drugs and firearms and abusing the women he transported. Although these allegations are not part of the current charges against him, McGuire argued that they demonstrate Abrego Garcia’s dangerous nature and justify his pretrial detention.

Most individuals in ICE custody who are facing criminal charges are typically deported rather than kept in the U.S. for trial. The government does not need a conviction to deport Abrego Garcia because he entered the U.S. illegally. However, any decision made by an immigration judge can be appealed to the Board of Immigration Appeals, and subsequently, to a federal appeals court.