Tennessee judge denies motion to keep Kilmar Abrego Garcia detained

Yahoo

5 hours ago

A Tennessee federal magistrate judge ordered the release of Kilmar Abrego Garcia on Sunday, denying the government's motion to keep him detained. But the Beltsville resident might not go free either.
El Salvador native Abrego Garcia was the subject of national outcry after he was arrested and sent to a notorious prison in that country in what the Trump administration previously called an 'administrative error.' A U.S. court had ordered that Abrego Garcia could not be deported there due to the risk of persecution.
After being presented with a warrant for his arrest in Tennessee, Abrego Garcia was flown back to the United States. He now faces federal criminal charges in the Middle District of Tennessee. The prosecution charged him with two counts related to smuggling immigrants, citing a traffic stop in 2022, when he was driving an SUV with six passengers. He said they had been doing construction work in St. Louis. Abrego Garcia was not detained or charged.
Magistrate Judge Barbara Holmes wrote in a 51-page memorandum opinion that the government did not meet its burden to show Abrego Garcia 'poses an irremediable danger to the community or is likely not to appear.' She said the court could impose conditions to reasonably assuage public safety concerns and ensure Abrego Garcia's future appearance in court.
However, it is possible that Immigration and Customs Enforcement could detain him after his release from police custody. Abrego Garcia's legal team could not be immediately reached for comment Sunday night.
The government, in a filing signed by acting United States Attorney Robert McGuire, motioned to put a hold on Holmes' order and intends to move to revoke the order entirely, it wrote in a court filing Sunday. McGuire, along with three officials from a joint law enforcement task force focused on MS-13, wrote that Abrego Garcia faces possible deportation should the judge's order remain in effect.
'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 [ICE] … custody subject to anticipated removal proceedings that are outside the jurisdiction of this Court. That suggests the Court's determination of the detention issues is little more than an academic exercise,' Holmes wrote.
Regardless of that 'academic exercise,' Holmes wrote that Abrego Garcia deserved to have 'a full and fair determination of whether he must remain in federal custody pending trial' as part of his due process rights.
In looking at Abrego Garcia's personal history and characteristics, Holmes found that Abrego Garcia had strong ties to his Maryland community, no reported criminal history and 'no demonstrated history of physical, substance abuse, or mental health issues.' The Sheet, Metal, Air, Rail and Transportation union said it would allow Abrego Garcia's sheet metal apprenticeship to continue and to help him find work.
Holmes said the government relied heavily on protective orders obtained by Abrego Garcia's wife as evidence. While the judge agreed the circumstances behind those orders were serious, she said there was no evidence of similar conduct in the past four years. She said the court could require continued family, mental health or anger management counseling as a condition of release.
The government alleged greater offenses than it's actually charging. Prosecutors claim in a court filing that Abrego Garcia was also involved with drug trafficking, transporting illegal firearms and abusing female immigrants.
Last week, the prosecution filed a motion to have Abrego Garcia remain in custody until his trial, describing him as a potential flight risk. His lawyers filed an opposing measure on Thursday requesting that the court deny the motion.
Abrego Garcia's next hearing is Wednesday afternoon.
Baltimore Sun reporter Ben Mause contributed to this article. Have a news tip? Contact Racquel Bazos at [e-mail], 443-813-0770 or on X as @rzbworks.