Judge will order Kilmar Abrego Garcia’s release before trial, but ICE plans to detain him
Share this @internewscast.com

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.

Share this @internewscast.com
You May Also Like
Families outraged after high school student in violent sex assault cases avoids prison as youthful offender

Community Outrage Erupts: High School Student Escapes Prison Despite Violent Assault Charges

The community of Payne County, Oklahoma, is in an uproar as parents…
‘He knew how to swim’: Family rejects ‘accident’ as Houston bayou death mystery deepens

Family Disputes Accident Claim in Houston Bayou Tragedy: Skilled Swimmer’s Death Sparks Mystery

The perplexing case of Kenneth Cutting Jr.’s death in a Houston bayou…
Carlson and Greene Outline Five Pillars for America’s Renewal

Carlson and Greene Unveil Five Key Strategies for Revitalizing America

In their explosive discussion, journalist Tucker Carlson and Georgia Rep. Marjorie Taylor…
Tropical Storm Melissa is now forecast to become a major hurricane as it trends toward a concerning track

Tropical Storm Melissa Predicted to Intensify into a Major Hurricane, Following a Worrisome Path

Tropical Storm Melissa is slowly making its way across the Caribbean Sea,…
Manhattan, IL news: Vigil held after 2 junior high students die within days, including boy on bicycle killed in semi-trailer crash

Community Gathers in Manhattan, IL to Honor Junior High Students After Tragic Losses, Including Fatal Bicycle-Semi Trailer Incident

MANHATTAN, Ill. — A close-knit community in the southwest suburbs is grappling…
Strike averted: Musicians' union reaches tentative deal with Broadway league

Musicians’ Union and Broadway League Reach Tentative Agreement, Preventing Strike

NEW YORK — Broadway musicians have successfully brokered a preliminary deal with…
A GIF of a strike on a

Hegseth Announces U.S. Strike in Eastern Pacific Aimed at Suspected Narco-Traffickers

Pentagon Chief Pete Hegseth announced on Wednesday that the U.S. military has…
ALDOT cooperating with investigators following shooting that led to Kimber Mills' death in central Alabama

ALDOT Collaborates with Authorities in Investigation of Fatal Shooting of Kimber Mills in Central Alabama

On Sunday morning, a tragic shooting occurred during a bonfire gathering in…
Louvre director grilled on spectacular security failures, including camera pointing away from key balcony

Louvre Director Faces Scrutiny Over Significant Security Lapses, Including Misaligned Camera Over Key Balcony

The director of the renowned Louvre Museum in Paris is under intense…
Son learns fate years after brutal family murders in wealthy coastal enclave

Son Discovers Verdict Years After Grisly Family Tragedy in Affluent Coastal Community

A 34-year-old man from California has been found guilty of brutally murdering…
US chess grandmaster’s mom speaks out as questions remain over death, Russian rival faces probe

Mother of U.S. Chess Grandmaster Breaks Silence Amid Ongoing Investigation into Russian Rival Following Son’s Mysterious Death

In a heartfelt revelation, the mother of Daniel Naroditsky, a former grandmaster…
Largest teachers union teams up with ‘60s radical professor’s namesake org peddling anti-American curriculum

Controversy Erupts as Largest Teachers Union Partners with Controversial ’60s Radical Group on New Curriculum Initiative

This article is part of Fox News Digital’s investigative series, Campus Radicals.…