On Wednesday (June 25), a federal judge in the United States announced that she would order the release of Kilmar Abrego Garcia, an immigrant who had been mistakenly deported to El Salvador by the Trump administration. The judge ruled that Garcia would be released without bail, but he would immediately be transferred to immigration authorities detention pending and still facing criminal charges for smuggling illegal immigrants.
Judge Barbara Holmes in Nashville, Tennessee, stated during a hearing that she would provide Garcia’s lawyer with an opportunity to request that the Justice Department make efforts to ensure that the federal government would not deport him before the conclusion of his criminal case.
Prior to formally ordering Garcia’s release, Judge Holmes ruled on Sunday that the government could not continue to detain him based on two charges. Garcia was accused of conspiring with at least five members of a smuggling group to bring illegal immigrants into the United States. The judge cited insufficient reliability of witness statements as the basis for not continuing to detain Garcia.
Garcia, 29, is a citizen of El Salvador residing in Maryland. His wife is a U.S. citizen, and they have a young son. He has pleaded not guilty to the charges.
Prosecutors urged Judge Holmes to rule for continued detention of Garcia before trial, stating that if released, he would be detained by immigration authorities and could face deportation.
Robert McGuire, the chief federal prosecutor in Nashville, stated that the Justice Department would seek coordination with the Department of Homeland Security responsible for immigration enforcement.
Garcia’s case has become a political focus concerning the Trump administration’s deportation plans. In mid-March of this year, the Trump administration deported hundreds of immigrants, deemed members of the Venezuelan gang “Tren de Aragua,” to a prison in El Salvador under the 1798 Alien Enemies Act. Later, the administration acknowledged that the identification of Garcia as such was an “administrative error,” but he was accused of being a member of the MS-13 gang. The administration initially refused to comply with a U.S. regional judge’s order to “assist” him in returning to the United States.
In mid-April, Chris Van Hollen, a Democratic U.S. Senator from Maryland, visited El Salvador to meet Garcia, drawing further attention to the case.
The U.S. Department of Justice ultimately decided to allow Garcia to return to the United States to face criminal charges related to human trafficking.