A federal judge in Tennessee recently rejected a request from the Justice Department to keep Kilmar Abrego Garcia locked up before his federal criminal trial, stressing the basic importance of fair treatment under the law. However, this court decision, while important, probably won’t lead to his immediate release because U.S. immigration officials plan to keep holding him.
U.S. Magistrate Judge Barbara Holmes, in her detailed 51-page ruling, admitted that her decision might seem pointless since the government still intends to detain Abrego Garcia under immigration laws, which could result in his deportation. Still, she made it clear that the defendant must be given his constitutional right to due process.
Judge Holmes found that the government failed to provide enough proof that Abrego Garcia was likely to flee or was a danger to the community, which would be necessary to keep him jailed before trial. She then scheduled a hearing to decide the terms of his release. This ruling sharply contradicts past actions by the Trump administration, which has faced criticism for ignoring due process in many cases, including Abrego Garcia’s. The fact that a judge had to insist on following the Constitution shows how the administration has often failed to uphold these basic rights.
Abrego Garcia is in limbo thanks to ICE after judge tries to make things right
Right after Judge Holmes’ decision, the Justice Department quickly asked a U.S. District Court judge in Tennessee to block the release order, pointing out that Abrego Garcia was under an immigration hold from the Department of Homeland Security. This means he will likely stay in custody no matter what the criminal court decides since he could be deported. Even if the criminal court orders his release, immigration authorities will probably take him into custody, making Judge Holmes’ ruling meaningless in practice.
Kilmar Abrego Garcia’s legal troubles have a disturbing history. The Trump Justice Department started criminal proceedings against him after he was unlawfully deported to El Salvador in March. At that time, he was locked up without any charges being filed. The administration later refused to follow multiple court orders demanding his return to the United States. He was finally brought back in early June to face federal criminal charges for allegedly smuggling undocumented immigrants.
BREAKING: Magistrate judge rules Abrego Garcia should not be detained on his criminal charges — even though he’s likely to remain in ICE custody. https://t.co/Yx7hLTg5iu pic.twitter.com/jVhoKubwmx
— Kyle Cheney (@kyledcheney) June 22, 2025
Abrego Garcia has pleaded not guilty, and his lawyers are still fighting to hold the government accountable in a separate case in Maryland, where a judge had ordered his return in April. Prosecutors argued that Abrego Garcia should stay in jail before trial, claiming he was a danger to the community and likely to flee. His lawyers responded by saying the government had no real evidence to support these serious accusations.
The case drew even more attention when a top Tennessee prosecutor resigned, reportedly because he believed the charges were politically motivated. Despite the government’s strong claims, Judge Holmes ruled that the evidence did not prove Abrego Garcia was a flight risk or a threat, so she decided against keeping him detained before trial.
