Federal judge denies detention for alleged MS-13 gang member Kilmar Abrego Garcia

A federal judge in Tennessee has refused the government’s petition to detain Kilmar Abrego Garcia during the proceedings of his criminal case.

Abrego Garcia is a Salvadoran migrant who was mistakenly deported to El Salvador and subsequently returned to the U.S. to face federal charges of trafficking undocumented migrants and conspiracy with others in these activities.

U.S. Magistrate Judge Barbara Holmes rejected the government’s request to detain Abrego Garcia; however, he will stay in custody until at least a hearing is scheduled to determine his release conditions, which the government can challenge and is likely to do so.

Abrego Garcia appeared at his arraignment and hearing on the government’s detention on June 13. According to the judge’s decision on Sunday, “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 government’s motion for detention.”

Kilmar Garcia smiling

This undated photo provided by Murray Osorio PLLC shows Kilmar Abrego Garcia.  (Murray Osorio PLLC via AP)

Special Agent Peter T. Joseph told prosecutors on June 13 that he was first assigned to Abrego Garcia’s case in April 2025, when he was still detained in El Salvador.

Since then, Joseph said, he has reviewed footage from Abrego Garcia’s 2022 traffic stop, which has emerged as the basis of the human smuggling charges.

At the time, Joseph told prosecutors, Abrego Garcia had been driving a vehicle with nine passengers and was pulled over while driving from St. Louis to Maryland with an expired license.

Six of the nine passengers in the vehicle have since been identified as being in the U.S. illegally, Joseph said, adding that one passenger in the van told officers that he was born in 2007, which would have made him just 15 at the time.

Abrego Garcia’s legal team has vehemently disputed his alleged status as an MS-13 member. Abrego Garcia pleaded not guilty to the smuggling charges. 

His case has become a national flashpoint in the broader fight over Trump’s hard-line immigration policies in his second White House term.

You May Also Like

Iran-backed terror suspects plotted attack on US troops using vans packed with fuel, DOJ says

DOJ: Iran-Backed Suspects Plotted Fuel-Van Attack on US Troops

2 charged over alleged terror plot targeting RAF Fairford British prosecutors have…
Twice-deported illegal immigrant accused of trying to storm United cockpit, threatening bomb: DHS

DHS: Twice-Deported Immigrant Accused of United Cockpit Bomb Threat

Attempted hijacking suspect identified as an Omani national Chanley Painter reports on…
Mojtaba Khamenei aide's chilling '40 years' warning surfaces amid US push for Iran deal

Mojtaba Khamenei Aide’s ‘40 Years’ Warning Emerges as US Pushes Iran Deal

Vance contacts Iranian hard-liner in push to restart peace negotiations Fox News…
Gale Brewer rips Mamdani’s affordable-housing fast-track plan: ‘He doesn’t know anything’

Gale Brewer Slams Mamdani’s Affordable Housing Fast-Track Plan: ‘He Doesn’t Know Anything’

Democratic City Councilwoman Gale Brewer sharply criticized Mayor Zohran Mamdani on Monday,…
LAUSD parents protest at district HQ amid plans to cut $10M

LAUSD Parents Protest Proposed $10 Million Budget Cuts at District Headquarters

Angry parents are challenging the Los Angeles Unified School District’s plan to…
'Dancing with the Stars' recap: 'Grammy Night' ends with surprising elimination

Dancing with the Stars Grammy Night Ends in Surprise Elimination

LOS ANGELES — Seven couples took the ballroom floor for “Grammy Night”…
Why did Hegseth face an impeachment push? Inside the 8 articles on Iran, Maduro and more

Why Pete Hegseth Faced 8 Impeachment Articles Over Iran, Maduro

Washington — Republican Rep. Thomas Massie of Kentucky launched an ultimately unsuccessful…
Nithya Raman inherits LA's $1B homelessness spending mess

Nithya Raman Faces Los Angeles’ $1 Billion Homelessness Spending Challenge

Los Angeles has committed more than $1 billion to addressing homelessness, yet…
Behind the scenes as Nvidia’s Jensen Huang boarded Air Force One — just months before Chinese spy scandal exploded

Nvidia CEO Jensen Huang’s Air Force One Trip Before China Spy Scandal

WASHINGTON — Jensen Huang arrived in Anchorage, Alaska, dressed in his trademark…
Riot-torn France struggles with chaos at home as Macron eyes military mission thousands of miles away

Macron Faces France Riot Crisis as He Considers Distant Military Mission

French President Emmanuel Macron is advancing a proposal for a new European…
Multiple dead after vehicle crashes into food stand near North Hollywood Metro station

Multiple Killed After Vehicle Crashes Into Food Stand Near North Hollywood Metro Station

Three people were killed and several others injured Tuesday night when a…
Driver accused of killing three women at North Hollywood metro station arrested for DUI

Driver Arrested for DUI After 3 Women Killed at North Hollywood Metro

The man accused of driving into pedestrians at a North Hollywood Metro…