Federal judge denies detention for alleged MS-13 gang member Kilmar Abrego Garcia

A federal judge successful Tennessee has denied the government’s petition to clasp Kilmar Abrego Garcia successful continued detention portion his transgression lawsuit proceeds.

Abrego Garcia is simply a Salvadorian migrant who was erroneously deported to El Salvador earlier being returned to the U.S. to look national prosecution connected charges of trafficking undocumented migrants and conspiring with others to bash so.

U.S. Magistrate Judge Barbara Holmes denied the government’s petition to clasp Abrego Garcia, though helium volition stay successful custody until astatine slightest a proceeding that has been scheduled to find conditions of release, which the authorities can, and volition likely, appeal.

Abrego Garcia appeared astatine his arraignment and proceeding connected the government’s detention connected June 13. According to the judge’s determination connected Sunday, "the sole condition astir which the authorities and Abrego [Garcia] whitethorn hold successful this lawsuit is the likelihood that Abrego [Garcia] volition stay successful custody careless of the result of the issues raised successful the government’s question for detention."

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Holmes said successful her determination that the tribunal recovered nary detention proceeding is authorized nether the Bail Reform Act due to the fact that the authorities failed to beryllium the lawsuit progressive a insignificant and that Abrego Garcia is considered a formation risk.

Additionally, the tribunal recovered that aft considering respective factors, the authorities failed to beryllium that Abrego Garcia poses an irremediable information to the community.

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A justice denied the government's petition to support Kilmar Abrego Garcia successful custody, but ICE plans to detain him. (Fox News)

Still, adjacent if Abrego Garcia is to beryllium released, ICE volition apprehension and detain him instantly via civilian migration process, separately from the transgression case.

The transgression lawsuit against Abrego Garcia, an alleged MS-13 member, comes aft a high-profile, protracted ineligible combat implicit his deportation and the Trump administration's efforts to hold his instrumentality to the U.S., adjacent aft the Supreme Court ordered the medication to "facilitate" his merchandise earlier this year.

The indictment alleges that Abrego Garica was portion of a smuggling ringing that helped bring immigrants to the U.S. illegally and smuggle them crossed the country. According to the indictment, Abrego Garcia and his co-conspirators made astatine slightest 100 trips betwixt Texas and Maryland betwixt 2016 and 2025, erstwhile helium was deported.

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This undated photograph provided by Murray Osorio PLLC shows Kilmar Abrego Garcia.  (Murray Osorio PLLC via AP)

Special Agent Peter T. Joseph told prosecutors connected June 13 that helium was archetypal assigned to Abrego Garcia’s lawsuit successful April 2025, erstwhile helium was inactive detained successful El Salvador.

Since then, Joseph said, helium has reviewed footage from Abrego Garcia’s 2022 postulation stop, which has emerged arsenic the ground of the quality smuggling charges.

At the time, Joseph told prosecutors, Abrego Garcia had been driving a conveyance with 9 passengers and was pulled implicit portion driving from St. Louis to Maryland with an expired license.

Six of the 9 passengers successful the conveyance person since been identified arsenic being successful the U.S. illegally, Joseph said, adding that 1 rider successful the van told officers that helium was calved successful 2007, which would person made him conscionable 15 astatine the time.

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Abrego Garcia’s ineligible squad has vehemently disputed his alleged presumption arsenic an MS-13 member. Abrego Garcia pleaded not blameworthy to the smuggling charges. 

His lawsuit has go a nationalist flashpoint successful the broader fight implicit Trump's hard-line migration policies successful his 2nd White House term.

Fox News Digital’s Breanne Deppisch contributed to this report.