A federal judge plans to order the release of an illegal migrant suspected of gang membership and charged with repeatedly smuggling foreign nationals into the United States.
U.S. Magistrate Judge Barbara Holmes denied the Trump administration’s request Sunday to hold Kilmar Abrego Garcia in detention before his trial, according to court documents. Abrego Garcia, who was returned to the U.S. from El Salvador earlier in June, is being held in law enforcement custody in Tennessee to face criminal charges that he made more than 100 trips across the U.S. in a years-long conspiracy to smuggle illegal migrants.
Despite the severity of the charges against Abrego Garcia — that he allegedly smuggled not only migrants, but also narcotics and ammo across the country — Holmes ruled that the prosecutors failed to prove that he was a flight risk or that he posed a danger to the community.
“Overall, the strength of the factors weighing in favor of release outweighs all other factors in favor of detention, which compels Abrego’s release, particularly given the clear default under the law that persons who have not yet been convicted of a crime should be released pending trial,” the judge wrote.
However, the judge also acknowledged that her ruling on Abrego Garcia’s detention amounts to “little more than an academic exercise” given the fact that the Trump administration would immediately take him into Immigration and Customs Enforcement (ICE) custody anyways.
“Either Abrego will remain in the custody of the Attorney General or her designee pending trial if detained under the Bail Reform Act or he will likely remain in U.S. Immigration and Customs Enforcement (“ICE”) custody subject to anticipated removal proceedings that are outside the jurisdiction of this Court,” Holmes stated.
The judge set a hearing for Wednesday to discuss the conditions of Abrego Garcia’s release, according to court documents. Federal prosecutors have already filed a notice that it will challenge her denial for detention.
Abrego Garcia was deported to his home country of El Salvador in March, causing a national uproar from Democrats and immigration activists. A slate of Democratic lawmakers — including Maryland Sen. Chris Van Hollen and several House lawmakers — visited El Salvador to highlight his plight and demand his return to the U.S.
The Salvadoran national was flown back to the country on June 6 to face charges related to his alleged human smuggling activity. He has pleaded not guilty and his lawyers suggest he may now qualify for asylum because of his incarceration in El Salvador’s notorious mega-prison.
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