A federal judge in Tennessee has ordered the pretrial release of Kilmar Abrego Garcia, a Salvadoran immigrant whose mistaken deportation has drawn national attention. However, his freedom may be short-lived—U.S. Immigration and Customs Enforcement (ICE) is expected to detain him immediately, potentially deporting him before he has a chance to stand trial.
At a June 13 detention hearing, U.S. Magistrate Judge Barbara Holmes ruled that the government failed to prove Abrego Garcia posed a flight risk or danger to the community. According to her, everyone is entitled to presumption of innocence. Emphasizing his right to a fair legal process. Yet Holmes admitted the decision was little more than an academic exercise, given ICE’s plan to take custody once he’s released from U.S. Marshals.
Despite the judge’s ruling, the U.S. government has already filed an appeal seeking to block his release. The legal clash between criminal prosecution and immigration enforcement has further intensified the spotlight on the Biden administration’s handling of deportation cases stemming from Trump-era enforcement priorities.
Criminal Charges Amid Deportation Controversy
Abrego Garcia faces federal charges of human smuggling stemming from a 2022 traffic stop in Tennessee, where he was found driving a vehicle with nine passengers. Prosecutors now allege he’s connected to broader criminal activity, including drug and weapons trafficking, though he hasn’t been charged with those offenses. His attorneys argue the charges are a post hoc justification for his wrongful deportation—a case that already led the Supreme Court to order the government to facilitate his return to the U.S.
He has pleaded not guilty, and his defense team insists he should be allowed to remain free during trial. Assistant Federal Public Defender Will Allensworth told the court that deportation is not inevitable. A 2019 ruling by an immigration judge bars his removal to El Salvador, where he faces credible threats from gangs.
ICE and DOJ Clash Over Custody and Trial
The legal standoff now pits two powerful agencies against each other: the Department of Justice, which wants to prosecute Abrego Garcia, and the Department of Homeland Security, which oversees ICE and may seek to deport him before trial. Judge Holmes made it clear, however, that she would not interfere with ICE decisions.
A hearing has been scheduled for Wednesday to determine the conditions of his release. At the same time, federal prosecutors continue to argue that ICE’s involvement creates a risk that Abrego Garcia might evade justice altogether. Holmes, however, reaffirmed the importance of due process, reminding the government that pretrial detention must be based on evidence—not speculation.
Chris Newman, an attorney representing Abrego Garcia’s family, said the case underscores broader constitutional concerns. Newman told CBS News that this is a core due process case, and it just so happens that a Salvadoran immigrant is defending bedrock constitutional protections for all of us.
Deportation Without Trial? Legal Experts Raise Alarm
Legal scholars warn that Abrego Garcia may be deported without appearing before an immigration judge. According to César Cuauhtémoc García Hernández, a law professor at Ohio State University, ICE has the legal authority to remove undocumented individuals even without a criminal conviction. Explaining that the legal standard is more lenient, and the government’s argument is on a firmer legal footing.
Still, any immigration ruling can be appealed to the Board of Immigration Appeals and eventually to a federal appeals court, which may result in a delay of immediate removal.
What’s Next?
For now, Abrego Garcia remains in legal limbo—caught between a court-ordered release and the looming possibility of ICE detention and deportation. His future may depend on which gains the upper hand in his case – the justice system or immigration enforcement.
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Resources:
- https://www.cbsnews.com/news/kilmar-abrego-garcias-release-ordered-remain-detained-ice/
- https://apnews.com/article/abrego-garcia-deportation-error-c0a515baffdf54baba412edf4cdbd310
- https://auth.lexisnexis.com/login?login_challenge=deb9ffe7b2c94373a2727db8c910140f&oidcProxyDL=true
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