A federal judge ruled Sunday that Kilmar Abrego Garcia, who was mistakenly deported to El Salvador, should be released ahead of trial on human smuggling charges in the United States. The decision, however, is unlikely to result in his actual release due to existing immigration custody.
U.S. Magistrate Judge Barbara Holmes denied the government’s request for pretrial detention, citing insufficient evidence that Abrego Garcia is a flight risk or threat to the community. She emphasized due process even while acknowledging he would remain in custody either way.
Abrego Garcia is accused of smuggling nine undocumented immigrants, allegedly including MS-13 members, during a 2022 traffic stop in Tennessee. He has pleaded not guilty.
His case drew national attention after the administration admitted deporting him despite a 2019 court ruling blocking removal due to fear of persecution. A judge later threatened to hold officials in contempt unless he was returned to the U.S., which occurred earlier this year.
Holmes expressed skepticism over some government claims and clarified that Abrego Garcia is charged with smuggling, not human trafficking.
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