Outrage was ignited when a Tennessee judge decided to release Kilmar Abrego Garcia, a migrant accused of human smuggling, from detention prior to his hearing.
Magistrate Judge Barbara D. Holmes stated that the federal government had not provided sufficient evidence to demonstrate that Abrego posed an immediate danger to the community or was unlikely to appear in court.
Abrego, who was mistakenly deported to El Salvador during the Trump Administration’s tenure in March, was apprehended upon his return and faces charges of human smuggling, to which he has pleaded not guilty.
The case goes back to November 2022 when he was pulled over for a traffic stop in Putnam County, Tennessee with nine ‘Hispanic males’ in his vehicle.
The discovery lead a state trooper to suspect him of human trafficking, according to Department of Homeland Security records. However, the 29-year-old was allowed to go free without charge.
He was subsequently returned to El Salvador after being accused of being a member of the notorious MS-13 gang, despite a 2019 federal order saying he couldn’t be deported there over fears of persecution by the same gang. Abrego has denied any gang affiliation.
‘Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial,’ Holmes argued in her memorandum.
‘The Court will give Abrego the due process that he is guaranteed.’
Kilmar Abrego Garcia, who was wrongly deported to El Salvador by the Trump Administration in March, was arrested on charges of human smuggling upon his return
Abrego has been accused by the Trump administration of being a member of the notorious MS-13 gang, which he denies
Magistrate Judge Barbara D. Holmes said the federal government ‘failed to meet its burden of showing a properly supported basis for detention on grounds that Abrego poses an irremediable danger to the community or is not likely to appear’
The Tennessee judge also argued that the likelihood Abrego would be free before trial is slim, as he would likely be in the custody of Immigration and Customs Enforcement.
‘Perhaps the sole circumstance about which the government and Abrego may agree in this case is the likelihood that Abrego will remain in custody regardless of the outcome of the issues raised in the government’s motion for detention,’ she wrote.
Holmes also criticized the Trump Administration for interchangeably using the terms ‘human trafficking’ and ‘human smuggling,’ as they are two distinctly different things under the law and Abrego has only been charged with the latter.
The conditions of his release will be determined on Wednesday.
The federal government quickly filed a request to stay the order to keep the Maryland resident behind bars so the court could, ‘conduct meaningful review’ of the custody order.
‘He will remain in custody pending deportation and Judge Holmes’ release order would not immediately release him to the community under any circumstance,’ the Sunday request said.
Despite the government’s continued efforts to keep him locked up, Abrego’s lawyer, Sean Hecker, said they were, ‘pleased by the court’s thoughtful analysis’.
‘And its express recognition that Mr. Abrego Garcia is entitled both to due process and the presumption of innocence, both of which our government has worked quite hard to deny him,’ Hecker said, according to The New York Times.
Abrego was deported to his homeland despite an order against it after the Trump administration accused him of being a member of the notorious MS-13 gang. Pictured: Abrego inside the notorious Salvadoran prison CECOT
Abrego’s criminal charges stem from when was pulled over in November 2022 for a traffic stop in Putnam County, Tennessee while driving a van with an ‘an aftermarket third row of seats designed to carry additional passengers’ and nine ‘Hispanic males’ in the car
Abrego (pictured with Senator Chris Van Hollen) denies all allegations against him. He became a pawn in the Trump administration’s attempts to reshape immigration policy
President Donald Trump has repeatedly maintained that Abrego has MS-13 tattooed on his hand. Holmes found the contradictory evidence and the government interchangeably using ‘human smuggling’ and ‘human trafficking’ not enough to keep Abrego locked up
Abrego’s Tennessee charges came as the Justice Department began working to find a reason to justify the migrant’s deportation to El Salvador. The government later admitted his deportation was a mistake.
Prosecutors accuse Abrego of lying to police during the 2022 incident, claiming he told them he and the nine other men were coming home from doing construction work in St. Louis, Missouri.
However, phone records showed the Maryland resident was in Texas that morning.
Prosecutors allege the father made $100,000 per year illegally transporting migrants across the country. They also alleged he transported guns and drugs as well.
Holmes doubted the argument and said the government had contradictory evidence, including about whether or not Abrego is apart of the MS-13 gang.
‘The government alleges that Abrego is a longtime, well-known member of MS-13,’s she wrote.
‘But Abrego has no reported criminal history of any kind. And his reputed gang membership is contradicted by the government’s own evidence.’
Holmes’ memorandum comes days before the Justice Department is supposed to determine if Trump officials should face penalties for contempt after ignoring a court order to free Abrego from El Salvador.
Abrego faces life in prison if convicted on the smuggling charges.
