Judge Rejects Pretrial Detention for Mistakenly Deported Man

Immigration Case Faces Setback

A Tennessee judge has rejected the Justice Department’s effort to keep Kilmar Abrego Garcia in custody before trial. This decision arrives amidst a contentious immigration case involving the man who was mistakenly deported and later returned to the United States.

Abrego Garcia is charged with federal crimes related to the alleged smuggling of undocumented immigrants across state lines during 2022. He was returned to the U.S. this month from El Salvador, following a political dispute regarding his due process rights.

Kilmar Abrego Garcia is a dangerous criminal illegal alien. We have said it for months and it remains true to this day: he will never go free on American soil.
pic.twitter.com/Hj95G5L9jE

— Tricia McLaughlin (@HomelandTricia) June 16, 2025

“The government failed to prove” that Abrego Garcia endangered any minor, could flee, or would obstruct justice, said Magistrate Judge Barbara Holmes.

—Barbara Holmes, Magistrate Judge

According to the Pew Research Center, in 2023, over 2.4 million encounters occurred at the U.S.-Mexico border, highlighting the ongoing complexities of immigration enforcement (Pew Research Center 2024).

Legal Battle Looms

The court proceedings have become a focal point of the Trump Justice Department’s strict immigration stance. Prosecutors had sought to link Abrego Garcia to gang activities in Maryland. However, the judge’s ruling favored Abrego Garcia.

The 51-page decision challenges the DOJ’s accusations against Abrego Garcia, questioning the reliability of the evidence, including information from a traffic stop and hearsay from case cooperators. Furthermore, the ruling questioned the theory of child victimization within the alleged human smuggling operation.

The Justice Department has filed an appeal against the magistrate judge’s verdict. A senior DOJ official downplayed the court’s ruling.

In response, Sean Hecker, Abrego Garcia’s defense attorney, stated, “We are pleased by the Court’s thoughtful analysis and its express recognition that Mr. Abrego Garcia is entitled both to due process and the presumption of innocence, both of which our government has worked quite hard to deny him.”

Despite the ruling, Abrego Garcia is likely to remain in federal custody due to immigration authorities’ ability to detain him separately from his criminal case.