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Kilmar Abrego Garcia, mistakenly deported to El Salvador despite a court order protecting him, is scheduled for a Tennessee court appearance Wednesday. The hearing will address the conditions of his release, which a judge ordered after determining he shouldn’t be detained while awaiting trial on human smuggling charges.
However, his freedom is uncertain. Immigration and Customs Enforcement (ICE) is expected to take him into custody due to an existing immigration detainer.
U.S. Magistrate Judge Barbara Holmes acknowledged the unusual situation, stating that deciding Abrego Garcia’s release conditions is likely a moot point given the ICE detainer. However, she ruled that the government failed to demonstrate a “serious risk” of flight or obstruction of justice, justifying his release in the context of the criminal case.
Abrego Garcia’s case has been fraught with legal challenges. He was deported in March to El Salvador’s CECOT mega-prison, despite a 2019 court order barring deportation to that country due to fears of persecution.
The Trump administration alleged he was a member of the MS-13 gang, a claim his family and lawyers deny. After nearly two months, the administration returned him to the U.S. to face charges of transporting undocumented migrants while living in Maryland.
He has pleaded not guilty.
In a detailed 51-page ruling, Judge Holmes questioned the government’s evidence presented during a June 13 hearing. She characterized much of it as “double hearsay” from two cooperating witnesses.
Judge Holmes highlighted contradictory statements from the two witnesses regarding Abrego Garcia’s alleged MS-13 affiliation. One witness suggested he “may belong to MS-13,” while the other claimed no signs or markings indicated gang membership during a decade-long acquaintance.
Judge Holmes expressed skepticism about the witnesses’ statements, noting their lack of common sense. She pointed to the absence of a criminal history for Abrego Garcia, which she found inconsistent with the government’s portrayal of him as a long-time, well-known gang member.
The cooperating witnesses also accused Abrego Garcia of drug and firearm trafficking and abuse of women and minors he allegedly transported.