A federal judge in Tennessee has ordered the release of Kilmar Abrego Garcia from criminal custody while he awaits trial on federal smuggling charges, rejecting government claims that he poses a danger to the community. The ruling follows months of legal battles over his disputed deportation and subsequent return to the United States.
Why was Kilmar Abrego Garcia detained?
Abrego Garcia, a Salvadoran national, faces federal charges for allegedly smuggling immigrants without legal status across the United States. The indictment stems from a November 2022 traffic stop in Putnam County, Tennessee, where authorities discovered nine passengers without legal status in a Chevrolet Suburban modified with an extra row of seats.
Federal investigators alleged he earned up to $100,000 annually by transporting migrants between Texas and Maryland. A Homeland Security agent testified that cooperating witnesses also accused him of moving drugs and firearms. Still, the court expressed skepticism over these claims, noting that several witnesses had received immigration or legal benefits in exchange for their cooperation.
Did the court find evidence of gang involvement?
Federal prosecutors repeatedly described Abrego Garcia as a violent MS-13 gang member. Judge Barbara D. Holmes rejected this characterization, stating that prosecutors had not produced reliable evidence linking him to the gang. The judge emphasized that Abrego Garcia has no criminal history and questioned the credibility of informants whose statements conflicted.
In her decision, Holmes criticized the government for conflating smuggling and trafficking charges, noting that the indictment specifically accuses him of human smuggling, not trafficking. The court also dismissed allegations of “sexually inappropriate” behavior, assigning no weight to that testimony.
A judge will set the conditions of Abrego Garcia’s release on Wednesday, June 25.
What happens after the judge’s ruling?
Despite the order for his release from criminal detention, Abrego Garcia is expected to remain in U.S. Immigration and Customs Enforcement custody under separate civil immigration proceedings. Federal prosecutors immediately requested a stay of the release order, and additional hearings on his custody status are likely
How did the case become a broader legal battle?
Abrego Garcia’s legal case has become a national flashpoint in debates over President Donald Trump’s immigration policies. His disputed deportation and delayed return to the U.S. led to separate civil litigation, with another federal judge in Maryland allowing contempt proceedings against Justice Department officials to move forward.
The Justice Department initially deported Abrego Garcia to El Salvador, later admitting the removal was a mistake. After prolonged legal wrangling and Supreme Court intervention, he was returned to the U.S. to face criminal charges. Defense attorneys accused the government of violating due process and denying him basic legal protections.
Holmes’s ruling marked the first judicial review of the criminal charges since his return. The broader civil contempt case in Maryland remains ongoing.
contributed to this report.