NASHVILLE — A federal judge in Tennessee has ordered the release of Kilmar Abrego Garcia, a Salvadoran national facing human smuggling charges, while urging federal agencies to ensure he stands trial despite potential immigration enforcement actions.
U.S. Magistrate Judge Barbara Holmes ruled on June 25 that Abrego Garcia, 29, be released on his own recognizance, denying prosecutors' request for continued detention. However, Holmes imposed strict conditions, including home detention, GPS monitoring, drug testing, anger management counseling, and a no-contact order regarding MS-13 gang members.
Despite the release order, Holmes acknowledged that Abrego Garcia may soon be taken into custody by U.S. Immigration and Customs Enforcement (ICE), which could lead to deportation. Although the judge has no authority over ICE's actions, she strongly urged the U.S. Attorney’s Office and the Department of Homeland Security (DHS) to coordinate efforts to ensure that Abrego Garcia appears in court to face trial.
"The most I can do is request the U.S. Attorney’s Office to encourage cooperation from Homeland Security," Holmes said during the hearing.
Defense attorney Sean Hecker warned that failure by federal authorities to ensure Abrego Garcia’s presence at trial could violate his Sixth Amendment rights, which guarantee a speedy trial and access to legal counsel.
Abrego Garcia remains in custody as legal teams debate his future housing and whether the Department of Justice can prevent deportation. Legal briefs on the matter are due by June 27.
Background and Charges
A sheet metal worker and father of three, Abrego Garcia lived in Maryland for more than a decade after entering the U.S. unlawfully. He was indicted by a federal grand jury in Nashville on May 21 on charges of conspiring to smuggle undocumented migrants from Guatemala, El Salvador, Honduras, Ecuador, and other countries into the United States between 2016 and 2025. He has pleaded not guilty.
The case gained national attention after Abrego Garcia was mistakenly deported to El Salvador in March, despite a court order prohibiting his removal. The Trump administration later acknowledged the deportation was due to an “administrative error.”
In April, a federal judge ruled the deportation was unlawful and ordered the U.S. government to return him to the country. The Supreme Court upheld that decision and directed the administration to begin his release process, which was delayed until the human smuggling indictment.
Prosecutors' Concerns and Court's Response
Federal prosecutors sought to keep Abrego Garcia in jail, alleging he is affiliated with MS-13, a designated terrorist organization, and poses a flight risk. However, Judge Holmes rejected this claim, citing vague and conflicting statements from government witnesses. In a 51-page ruling issued June 22, Holmes concluded the prosecution failed to prove that Abrego Garcia posed a danger to the community or would not appear in court if released.
"The government’s evidence that Abrego Garcia is a gang member is simply insufficient," she wrote.
Prosecutors also requested a stay of the release order, citing the likelihood of his imminent deportation. Holmes declined, reiterating that ICE's decisions are beyond her jurisdiction but emphasizing the importance of interagency cooperation to ensure a fair trial.
Family Speaks Out
Before the June 25 hearing, Abrego Garcia’s wife, Jennifer Vasquez Sura, spoke at a news conference, noting it was their wedding anniversary and expressing the emotional toll of her husband's prolonged detention.
“Instead of celebrating our love surrounded by family, I’m here — but not alone,” she said, expressing gratitude for the support of community members. She added that the separation has only strengthened their relationship.
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Source: usatoday.com
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