Judge will order Kilmar Abrego Garcia’s release before trial, but ICE plans to detain him

A judge is set to approve Kilmar Abrego Garcia's release before his trial; however, ICE intends to take him into custody.

A federal judge in Tennessee is preparing to order the release of Kilmar Abrego Garcia, whose accidental deportation to El Salvador has become a key issue in President Donald Trump’s immigration policy enforcement. Abrego Garcia is set to be released while waiting for his federal trial on charges related to human smuggling.

However, it’s unlikely that Abrego Garcia will have his freedom back for long, as U.S. Immigration and Customs Enforcement is expected to take him into custody again, with potential plans for deportation.

On Sunday, U.S. Magistrate Judge Barbara Holmes turned down the government’s request to keep Abrego Garcia detained until his trial. She has arranged a hearing on Wednesday to determine the terms of his release.

The U.S. government has already filed a motion to appeal the judge’s decision and is asking the judge to stay her impending release order.

Abrego Garcia pleaded not guilty on June 13 to smuggling charges that his attorneys have characterized as an attempt to justify his mistaken deportation in March to a notorious prison in El Salvador after the fact. That hearing was the first chance the Maryland construction worker had in a U.S. courtroom to answer the Trump administration’s allegations.

The smuggling charges stem from a 2022 traffic stop for speeding in Tennessee during which Abrego Garcia was driving a vehicle with nine passengers. Although officers suspected possible smuggling, he was allowed to go on his way with only a warning.

A federal indictment accuses Abrego Garcia of smuggling throughout the U.S. hundreds of people living in the country illegally, including children and members of the violent MS-13 gang. The investigation was launched weeks after the Supreme Court ordered the administration to facilitate his return from El Salvador amid mounting public pressure.

Holmes acknowledged in her ruling Sunday that determining whether Abrego Garcia should be released is “little more than an academic exercise” because ICE will likely detain him. But the judge wrote that the government failed to prove that Abrego was a flight risk, that he posed a danger to the community or that he would interfere with 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 on June 13 that the likely attempt by ICE to try to deport him was one reason to keep him in jail.

The judge suggested then that the Department of Justice and the Department of Homeland Security could work out between themselves whether the government’s priority is to try him on the criminal charges or deport him. No date has been set for the trial.

A 2019 immigration judge’s order prevents Abrego Garcia from being deported to his native El Salvador because he faces a credible threat 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 be required to show that third country was willing to keep him and not simply deport him back to El Salvador, Allensworth said.

At the detention hearing, McGuire said cooperating witnesses have accused Abrego Garcia of trafficking drugs and firearms and of abusing the women he transported, among other claims. Although he is not charged with such crimes, McGuire said they showed Abrego Garcia to be a dangerous person who should remain in jail pretrial.

Most people in ICE custody who are facing criminal charges are not kept in the U.S. for trial but deported, according to Ohio State University law professor César Cuauhtémoc García Hernández. The government would not need a conviction to deport Abrego Garcia because he came to the U.S. illegally.

However an immigration judge rules, the decision can be appealed to the Board of Immigration Appeals, García Hernández said. And the board’s ruling can then be contested in a federal appeals court.

___

Finley reported from Norfolk, Virginia.

You May Also Like

NC Democrat candidate Shelly Headen dropped by party after Nazis, MAGA comparison

NC Democrats Drop Shelly Headen After Nazi, MAGA Comparison

A Democratic candidate for the North Carolina legislature remains on the November…
Crocodile found illegally dumped on Long Island nature preserve walking trail

Illegally Dumped Crocodile Found on Long Island Nature Trail

A two-foot crocodile was discovered this week at a Long Island nature…
Michigan city and mayor face civil rights lawsuit

Michigan City and Mayor Sued in Civil Rights Lawsuit

A federal lawsuit filed Thursday claims Dearborn used thousands of taxpayer dollars…
Clancy holdout juror taps former Trump lawyer to fight back as he’s ‘dragged through the mud’: attorney

Clancy Holdout Juror Hires Ex-Trump Lawyer to Fight Back

The lone juror whose refusal to join the other 11 panelists resulted…
Montana teen drowns after saving sister while river tubing

Montana Teen Dies Saving Sister in River Tubing Accident

A 13-year-old Montana boy died in a river Wednesday after rescuing his…
Gavin Newsom spotted hobnobbing with A-list celebs at Malibu hot spot

Gavin Newsom Seen Mingling With A-List Celebs at Malibu Spot

California Gov. Gavin Newsom was photographed mingling with several of Hollywood’s biggest…
Donald Trump bans media from White House: MS NOW, CNN and Politico say journalists were denied access to The White House

Trump Administration Denies White House Access to Reporters From CNN, Politico and MS NOW

WASHINGTON — Reporters for CNN, MS NOW and Politico were denied entry…
Gabby Petito's mother says social media 'ripple effect' can help find missing people

Gabby Petito’s Mom: Social Media Can Help Find Missing People

BLUE POINT, N.Y. — Five years after Gabby Petito’s remains were discovered…
‘Far More Than We Need’: Trump Dismisses Claims U.S. Is Short on Munitions in Iran Fight

How the Greenland Deal Reinforces Trump’s Arctic Strategy

President Donald Trump said Friday that the United States had secured permanent…
Navajo Nation flood kills 3, including 7-year-old preparing for her birthday

Navajo Nation Flood Kills 3, Including 7-Year-Old Days Before Her Birthday

Three generations of a Navajo family were returning home with supplies for…
University of Texas drops three gender studies majors

University of Texas Eliminates Three Gender Studies Majors

The University of Texas at Austin, the state’s flagship public university, is…
Lawsuits filed in California over Nazi-looted art displayed in museums in Los Angeles, Auschwitz

California Lawsuits Challenge Museums Over Nazi-Looted Art in Los Angeles and Auschwitz

Heirs of Jewish Holocaust victims and their representatives have filed two California…