A federal judge in Tennessee has ruled against detaining Kilmar Abrego Garcia, an alleged MS-13 gang member, while his criminal case proceeds. The ruling highlights the ongoing tensions in Trump’s immigration policies, particularly the controversial deportation and return of the Salvadoran migrant. Abrego Garcia was erroneously deported to El Salvador before being returned to the U.S. to face federal charges of human trafficking and conspiring to smuggle undocumented immigrants. The government had sought to detain him during his criminal proceedings, but the judge denied the motion, citing insufficient evidence to support the allegations of flight risk or community danger.
Abrego Garcia will remain in custody until a hearing to determine his conditions of release, which the government plans to appeal. During an arraignment on June 13, Abrego Garcia pleaded not guilty to the smuggling charges. His legal team has vigorously contested his alleged MS-13 membership, calling it baseless. This case has become a national flashpoint in the broader debate over Trump’s hard-line immigration policies in his second presidential term.
The indictment alleges that Abrego Garcia and his co-conspirators were involved in a smuggling ring that brought immigrants to the U.S. illegally. According to the indictment, Abrego Garcia and his associates made at least 100 trips between Texas and Maryland between 2016 and 2025, during which he was deported. The case has drawn attention due to its high-profile nature and the protracted legal battle over his deportation. The Trump administration initially delayed his return to the U.S., even after the Supreme Court ordered the administration to ‘facilitate’ his release.
Special Agent Peter T. Joseph, assigned to the case, provided details about the 2022 traffic stop that formed the basis of the human trafficking charges. The incident involved a vehicle with nine passengers, one of whom was identified as being in the U.S. illegally. Abrego Garcia’s legal team has strongly disputed his alleged MS-13 membership, and he maintains his innocence. The case continues to be a focal point in the larger discussion of immigration policy and the legal mechanisms used to enforce it.
While the government moves to appeal the court’s decision on his detention, Abrego Garcia faces the prospect of being immediately arrested and detained via a separate civil immigration process. His case underscores the complex interplay of criminal and immigration law, and the ongoing challenges faced by individuals caught in the intersection of these systems. As the case unfolds, it is expected to have implications for future immigration and criminal justice policies.