Judge Rules Kilmar Abrego Garcia Not Eligible for Pretrial Detention in Human Smuggling Case

Nashville, Tennessee – Magistrate Judge Barbara Holmes ruled on June 22, 2025, that Kilmar Abrego Garcia is not eligible for pretrial detention, following a bail hearing that began on June 12. The decision means that Abrego Garcia, who was recently returned to the United States after a controversial deportation, will not be held in federal custody pending trial on newly filed human smuggling charges. The Department of Justice (DOJ) had sought his detention, arguing he posed a flight risk and a danger to the community.

Abrego Garcia's case gained national attention after he was mistakenly deported to El Salvador on March 15, 2025, despite holding "withholding of removal" status that protected him from being sent to his home country. He was held in El Salvador's notorious Terrorism Confinement Center (CECOT), with his lawyers alleging he endured severe mistreatment and torture there. The U.S. Supreme Court subsequently ordered the government to "facilitate" his return to the U.S.

Upon his return to the U.S. on June 6, 2025, Abrego Garcia was immediately indicted in Tennessee on charges of conspiracy to unlawfully transport noncitizens for financial gain and unlawful transportation of noncitizens. The government's motion for pretrial detention, heard by Judge Holmes, cited these charges, his alleged association with the MS-13 gang, and other uncharged conduct. However, Judge Holmes found that the government failed to provide clear and convincing evidence to support the need for his detention.

During the hearing, the defense argued that Abrego Garcia was neither a flight risk nor a danger to the public, noting that immigration authorities had already placed a hold on him, meaning he would likely remain in immigration detention even if released from criminal custody. Lawfare, a legal and national security blog, has provided extensive analysis of the case, with R. Parloff explaining the complexities of the hearing, the evidence presented, and the potential next steps in the ongoing legal saga.

The DOJ has since appealed Magistrate Judge Holmes' ruling, indicating a continued legal battle over Abrego Garcia's custody and the broader implications of his case, which has become a flashpoint in debates over due process and immigration policy. His not-guilty plea to the human smuggling charges was entered on June 13, setting the stage for further proceedings.