Judge Denies Continued Detention for Kilmar Abrego Garcia

A federal judge in Tennessee has rejected the government’s request to keep Kilmar Abrego Garcia in custody as his criminal case unfolds.

Abrego Garcia, a Salvadoran immigrant, was mistakenly deported to El Salvador but was later returned to the US to face serious allegations, including human trafficking and conspiracy to facilitate such activities. US Magistrate Judge Barbara Holmes ruled to deny the government’s detention request, although Abrego Garcia will remain in custody until a hearing to assess his release terms is held.

During his hearing on June 13, Abrego Garcia appeared in front of the judge. In her decision, Judge Holmes noted that the only agreement between the government and Abrego was concerning his continued custody. They could proceed with the detention issues raised by the government, but that didn’t guarantee he would remain in custody based on the judge’s deliberations.

Holmes also expressed that the government failed to satisfactorily demonstrate the minor’s ties and that Abrego Garcia was a flight risk. After weighing various factors, the court concluded that the government didn’t establish that he posed an unmitigated threat to the community.

However, it’s important to note that even if he is released from criminal detention, immigration authorities plan to detain him due to separate civil immigration processes.

The criminal case involves allegations linking Abrego Garcia to members of the notorious MS-13 gang. Earlier this year, a Supreme Court ruling prompted discussions about his release amid a protracted legal dispute regarding his deportation.

The indictment claims that Abrego Garcia participated in a smuggling operation that illegally transported immigrants into the US. From 2016 to his deportation in 2025, he and others allegedly traveled over 100 times between Texas and Maryland.

Special Agent Peter T. Joseph revealed he began his investigation into Abrego Garcia in April 2025, after he was detained in El Salvador. Joseph mentioned that he reviewed footage from a 2022 traffic stop where Abrego Garcia had been driving with nine passengers, some of whom were later found to be in the US illegally.

Abrego Garcia’s legal defense strongly refutes his alleged affiliation with MS-13, maintaining his not-guilty plea on the smuggling charges. His case has become a focal point in the ongoing debate surrounding strict immigration policies during Trump’s presidency.