Federal Judges Issues Decision On Detention For Alleged Gang Member
A federal judge in Tennessee has denied a government request to keep Salvadorian national Kilmar Abrego Garcia in continued pretrial detention, ruling that the Justice Department failed to meet key legal standards for holding him under the Bail Reform Act.
The decision, issued by U.S. Magistrate Judge Barbara Holmes, marks a significant development in a case that has drawn national attention amid renewed debate over immigration enforcement and border policy.
Abrego Garcia, who was erroneously deported to El Salvador before being returned to the U.S. earlier this year under a Supreme Court mandate, faces federal charges related to human smuggling and conspiracy. Prosecutors allege he was part of a smuggling network responsible for transporting undocumented migrants between Texas and Maryland on at least 100 occasions over nearly a decade.
During a June 13 hearing, federal prosecutors argued that Abrego Garcia should remain detained due to flight risk and potential danger to the community. However, Judge Holmes found the government's arguments insufficient.
Specifically, she ruled that the case did not meet the criteria for pretrial detention under the Bail Reform Act, stating the government failed to prove involvement of a minor under the applicable standard and had not demonstrated that Abrego Garcia posed an irremediable threat to public safety.
Despite the court's ruling, Abrego Garcia will not be released immediately. U.S. Immigration and Customs Enforcement (ICE) plans to detain him under a separate civil immigration process if and when his criminal pretrial custody ends. A follow-up hearing will determine the conditions of any potential release, and the government is expected to appeal.
The case has become a politically charged flashpoint. Abrego Garcia is accused of driving a van containing nine passengers during a 2022 traffic stop, six of whom were later confirmed to be in the U.S. illegally.
One of the passengers reportedly told officers he was born in 2007, raising questions about the involvement of a minor, though the court concluded that evidence did not support that allegation for purposes of mandatory detention.
Federal agents tied Abrego Garcia to a broader smuggling operation but have faced pushback from his defense team, which contests both the scope of his involvement and claims that he is affiliated with the MS-13 gang. He has pleaded not guilty.