Federal Judge Denies Detention For Alleged Ms-13 Gang Member Kilmar Abrego Garcia

A federal judge successful Tennessee has denied nan government’s petition to clasp Kilmar Abrego Garcia successful continued detention while his criminal lawsuit proceeds.

Abrego Garcia is simply a Salvadorian migrant who was erroneously deported to El Salvador earlier being returned to nan U.S. to look national prosecution connected charges of trafficking undocumented migrants and colluding pinch others to do so.

U.S. Magistrate Judge Barbara Holmes denied nan government’s petition to clasp Abrego Garcia, though he will stay successful custody until astatine slightest a proceeding that has been scheduled to find conditions of release, which nan authorities can, and will likely, appeal.

Abrego Garcia appeared astatine his arraignment and proceeding connected nan government’s detention connected June 13. According to nan judge’s determination connected Sunday, "the sole condition astir which nan authorities and Abrego [Garcia] whitethorn work together successful this lawsuit is nan likelihood that Abrego [Garcia] will stay successful custody sloppy of nan result of nan issues raised successful nan government’s mobility for detention."

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Holmes said successful her determination that nan tribunal recovered nary detention proceeding is authorized nether nan Bail Reform Act because nan authorities grounded to beryllium nan lawsuit progressive a insignificant and that Abrego Garcia is considered a formation risk.

Additionally, nan tribunal recovered that aft considering respective factors, nan authorities grounded to beryllium that Abrego Garcia poses an irremediable threat to nan community.

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A judge denied nan government's petition to support Kilmar Abrego Garcia successful custody, but ICE plans to detain him. (Fox News)

Still, moreover if Abrego Garcia is to beryllium released, ICE will apprehension and detain him instantly via civilian migration process, separately from nan criminal case.

The criminal lawsuit against Abrego Garcia, an alleged MS-13 member, comes aft a high-profile, prolonged ineligible conflict complete his deportation and nan Trump administration's efforts to hold his return to nan U.S., moreover aft nan Supreme Court ordered nan management to "facilitate" his merchandise earlier this year.

The indictment alleges that Abrego Garica was portion of a smuggling ringing that helped bring immigrants to nan U.S. illegally and smuggle them crossed nan country. According to nan indictment, Abrego Garcia and his co-conspirators made astatine slightest 100 trips betwixt Texas and Maryland betwixt 2016 and 2025, erstwhile he was deported.

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This undated photograph provided by Murray Osorio PLLC shows Kilmar Abrego Garcia.  (Murray Osorio PLLC via AP)

Special Agent Peter T. Joseph told prosecutors connected June 13 that he was first assigned to Abrego Garcia’s lawsuit successful April 2025, erstwhile he was still detained successful El Salvador.

Since then, Joseph said, he has reviewed footage from Abrego Garcia’s 2022 postulation stop, which has emerged arsenic nan ground of nan quality smuggling charges.

At nan time, Joseph told prosecutors, Abrego Garcia had been driving a conveyance pinch 9 passengers and was pulled complete while driving from St. Louis to Maryland pinch an expired license.

Six of nan 9 passengers successful nan conveyance person since been identified arsenic being successful nan U.S. illegally, Joseph said, adding that 1 rider successful nan van told officers that he was calved successful 2007, which would person made him conscionable 15 astatine nan time.

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Abrego Garcia’s ineligible squad has vehemently disputed his alleged position arsenic an MS-13 member. Abrego Garcia pleaded not blameworthy to nan smuggling charges. 

His lawsuit has go a nationalist flashpoint successful nan broader fight complete Trump's hard-line migration policies successful his 2nd White House term.

Fox News Digital’s Breanne Deppisch contributed to this report.