Federal Judge Denies Effort to Keep Suspected MS-13 Member in Custody Pending Trial

A federal judge in Tennessee has rejected the Trump administration’s attempt to keep Kilmar Abrego Garcia in detention while he awaits his federal human smuggling trial. Although Abrego Garcia is expected to be detained by Immigration and Customs Enforcement (ICE) after his release, that hasn’t occurred yet.

During a hearing, Judge Barbara Holmes explained, “I cannot order ICE to take specific actions regarding Mr. Abrego Garcia.” The judge set conditions for his release, including participation in anger management counseling, home detention with location monitoring, and regular drug testing. She also ordered that he not have contact with members of the MS-13 gang. However, the judge indicated she would not finalize these conditions until at least Friday afternoon.

Federal authorities have placed a detainer on Abrego Garcia, a Salvadoran national who was wrongfully deported to El Salvador earlier this year after living in the U.S. legally with a work permit. The Supreme Court previously ruled this deportation was unlawful, but he could still be expelled to a third country. Though he entered the U.S. illegally in 2011 and was arrested in Baltimore earlier this year on trafficking charges linked to MS-13, he was deported and held in El Salvador’s CECOT prison before returning to the United States.

Authorities allege Abrego Garcia was paid up to $1,500 per smuggling trip and possibly earned over $100,000 annually trafficking people, including minors. He pleaded not guilty earlier this month. Immigration officials have stated that he will “never” be allowed to be free on U.S. soil, considering him a dangerous criminal.

While a judge ordered his release, the decision ultimately depends on the administration’s decisions regarding his detention, as the Department of Homeland Security’s control over his custody remains unchanged.