A federal magistrate judge in Tennessee has ruled that the U.S. Department of Justice failed to present sufficient evidence to justify the pretrial detention of Kilmar Abrego Garcia, an undocumented immigrant facing federal smuggling charges. Although Abrego Garcia is unlikely to be released due to ongoing immigration custody, the court’s decision marks a notable setback for federal prosecutors attempting to tie him to gang-related criminal activities.
Magistrate Judge Barbara Holmes, presiding over the case in Nashville, concluded in a 51-page ruling that the DOJ had not demonstrated that Abrego Garcia posed a threat to minors, would flee prosecution, or attempt to obstruct justice. Her decision followed six hours of testimony earlier this month, which she described as failing to meet the legal threshold for detention under federal criminal law.
The Justice Department had argued that Kilmar Abrego Garcia alleged involvement in a human smuggling operation was linked to dangerous gang activity and posed public safety risks. However, the judge found the evidence to be unreliable, largely based on hearsay, questionable witness credibility, and traffic-stop reports. Holmes emphasized that the government had neither charged nor proven any claims related to child endangerment.
Immigration Custody Continues Despite Court Setback
Despite the court’s findings, Abrego Garcia is expected to remain in federal immigration detention. Homeland Security officials maintain he is a “dangerous criminal illegal alien,” regardless of the outcome of his bond hearing. “He will never go free on American soil,” Tricia McLaughlin, a DHS spokesperson, said Sunday on X (formerly Twitter).
Defense attorney Sean Hecker welcomed the court’s ruling, stating, “We are pleased by the Court’s thoughtful analysis and its express recognition that Mr.Kilmar 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.”
The Justice Department has already appealed Judge Holmes’ decision. A senior DOJ official, speaking anonymously to CNN, dismissed the ruling’s significance, noting it came from a magistrate judge and expressing confidence in securing a different outcome at the federal district court level.
Another hearing regarding Kilmar Abrego Garcia potential release conditions is scheduled for Wednesday in Nashville.
Case Sparks Political Controversy Over Immigration Enforcement
Kilmar Abrego Garcia, a father of three, was mistakenly deported to El Salvador earlier this year despite a court order prohibiting his removal due to threats of gang violence. His forced return triggered legal and political scrutiny of the Trump administration’s handling of the case. A federal court later ordered his return to the U.S., which occurred only after a grand jury indicted him in May.
Prosecutors allege that Kilmar Abrego Garcia was part of a broader smuggling network that transported undocumented immigrants from Texas to Maryland over 100 times between 2022 and 2023. However, court records portray him as a minor figure in a larger operation, not as a gang ringleader.
His attorneys are now seeking sanctions against federal officials for the mishandling of his deportation, citing a lack of transparency and failure to comply with court orders while he was held in El Salvador. The case continues to stir national debate over immigration enforcement, due process, and the rule of law.
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