Judge orders release of Kilmar Abrego Garcia before human smuggling trial

A federal judge in Tennessee rejected federal prosecutors’ request on Sunday for the alleged MS-13 member Kilmar Abrego Garcia to remain in custody before standing trial for charges of human smuggling. Abrego Garcia made headlines in April after he was deported to El Salvador despite previously living in Maryland under protected legal status. The Trump administration deported Abrego Garcia because of his ties to the Salvadoran gang, which the U.S. government recognizes as a terror group.

Abrego Garcia has since been returned to the United States, but now faces federal charges of conspiracy and alien smuggling. The charges were based on video from a 2022 traffic stop in Tennessee during which police allegedly found Abrego Garcia driving nine unidentified Hispanic men in his SUV, according to court documents. Abrego Garcia is a gang member who played a significant role in transporting immigrants from Texas to other parts of the United States, according to the DOJ’s indictment. Abrego Garcia pleaded not guilty to the charges less than two weeks ago.

Why did the judge deny pretrial detention? Federal prosecutors failed to prove that Abrego Garcia presents a serious flight risk or that a bail release will otherwise interfere with the trial's integrity, according to U.S. Magistrate Judge Barbara Holmes’ Sunday memorandum. She specifically noted that Abrego Garcia was charged with human smuggling, not trafficking, which also played into her decision. Holmes further ruled that the government failed to prove that Abrego Garcia posed a serious threat to public safety. Pretrial detention is not on the table for everyone simply because they face federal charges, she added. The conditions of Abrego Garcia’s release are expected to be discussed at a hearing currently scheduled for Wednesday.

How has the Trump administration responded? Homeland Security Assistant Secretary Tricia McLaughlin again described Abrego Garcia as a dangerous criminal and illegal migrant in a Sunday evening statement responding to the motion denial. DHS stands by its promise that Abrego Garcia will never go free on American soil, she added.

Dig deeper: Read Elizabeth Russell’s last update about Abrego Garcia pleading not guilty to the human smuggling charges.