The order to release Kilmar Armando Abrego Garcia from criminal custody as he awaits trial was a rebuke to the Trump administration. But he is likely to remain in immigration custody.
Judge orders Kilmar Abrego Garcia’s release before trial
A federal judge on Sunday said Kilmar Abrego Garcia should be released ahead of trial — though that does not mean he will go free.
The big picture: Abrego Garcia, whose erroneous deportation to El Salvador became a major standoff amid the administration’s aggressive immigration crackdown, was recently returned to the U.S., where he now faces smuggling charges.
- He has pleaded not guilty to allegedly smuggling undocumented immigrants in the U.S.
Driving the news: U.S. Magistrate Judge Barbara Holmes denied the government’s request to keep Abrego Garcia in detention before his trial.
- She ruled that the government had failed to prove he was a flight risk, or that he would try to obstruct justice or endanger a minor victim.
- The government swiftly filed a motion to appeal her decision and asked her to stay her order.
Yes, but: Holmes noted that possibly the “sole circumstance” on which the parties agree is that Abrego Garcia “will remain in custody regardless of the outcome of the issues raised in the government’s motion for detention.”
- While she noted that facts suggest her determination would be “little more than an academic exercise,” Holmes stressed the importance of maintaining due process.
Zoom out: The smuggling charges stem from a 2022 traffic stop in Tennessee. The indictment alleges Abrego Garcia was driving nine passengers, none of whom had any identification.Related video: Latino Journalist Arrested While Covering Immigration Protest Faces Criminal Charges (Latin Times)
- He is accused of smuggling within the U.S. undocumented people, including members of the MS-13 gang.
Friction point: The decision to bring Abrego Garcia back from El Salvador came under mounting political and legal pressure, with a judge threatening to hold officials in contempt for not complying with her orders.
- Abrego Garcia’s case is complex — and has become even more so.
- A judge in 2019 said he shouldn’t be deported to El Salvador because he had a reasonable fear he could be hurt or killed, but he was detained by ICE and deported there earlier this year.
- The administration conceded in court filings that the deportation was a mistake. But after months of officials fighting his return, Abrego Garcia was returned to U.S. soil.
Context: In her decision, Holmes questioned claims made by cooperators and appeared skeptical of the government’s accusations that he was a member of MS-13.
- She emphasized that Abrego Garcia is not charged with human trafficking, but rather with human smuggling — though she notes the terms were “sometimes used interchangeably during the detention hearing.”
What’s next: Holmes set a hearing for Wednesday.
