A federal judge ruled on Sunday that Kilmar Armando Abrego Garcia should no longer remain in criminal custody while waiting for trial, challenging the position taken by the Justice Department. This followed his earlier wrongful deportation to El Salvador and return to the United States.
Judge Barbara D. Holmes issued a strongly worded ruling stating that Mr. Abrego Garcia does not pose a threat to public safety and is not likely to flee.
RelatedPosts
Her judgment went directly against repeated statements from President Trump and some senior officials who had previously described the Salvadoran as a gang member or even labeled him a terrorist.
Although the ruling offered some relief for Mr. Abrego Garcia and his legal representatives, Judge Holmes noted that immigration officials would probably still detain him as his smuggling charges continue through the court system.
Federal prosecutors quickly asked the judge to delay her decision so that Mr. Abrego Garcia would not be released immediately. His defense team, however, welcomed the ruling.
Judge Holmes Pushes Back on Government’s Claims
Sean Hecker, one of his attorneys, said they appreciated the judge’s clear explanation and recognition that Mr. Abrego Garcia deserves both due process and the legal presumption of innocence, rights which he believes the government tried hard to withhold.
In the opening part of her ruling, Judge Holmes disagreed with how the government presented Mr. Abrego’s case, especially the effort to paint him as someone involved in violent crime. She noted that although the government tried to suggest the matter involved human trafficking, what they actually brought forward was more routine smuggling activity.
She emphasized in writing that Mr. Abrego Garcia is charged with smuggling, not trafficking. Judge Holmes explained that the two terms had been mixed up during the hearing but that, under legal definitions, they are not the same and must be treated separately.
Court records show that the allegations date back to November 30, 2022, when state police stopped him for speeding in Putnam County, Tennessee. Authorities observed that the Chevrolet Suburban he drove had been adjusted to include a third row of seats, likely to carry extra people.
Mr. Abrego Garcia told police at the time that he and the others had been doing construction work in St. Louis. However, prosecutors later said that data from his phone and license plate scanners placed him in Texas earlier that same day, and there was no sign he had been in St. Louis in the weeks before.
Judge Holmes questioned the truthfulness of witness statements against him, pointing out that at least one of them avoided deportation by agreeing to testify and others had asked for similar deals.
