A federal judge on June 22 ordered the release of Kilmar Abrego Garcia pending trial on human smuggling charges, while acknowledging that the Salvadoran national may still be taken into Immigration and Customs Enforcement (ICE) custody upon release.
He was indicted on May 21 on charges of smuggling illegal immigrants into the United States and conspiring with others to commit the crime, charges to which he has pleaded not guilty.
“Overall, the Court cannot find from the evidence presented that Abrego’s release clearly and convincingly poses an irremediable danger to other persons or to the community,” the judge wrote.
However, Holmes acknowledged that Abrego Garcia will likely remain in ICE custody, as he is still subject to removal proceedings that fall outside the jurisdiction of the court.
“Perhaps the sole circumstance about which the government and Abrego may agree in this case is the likelihood that Abrego will remain in custody regardless of the outcome of the issues raised in the government’s motion for detention,” the judge said.
“That suggests the court’s determination of the detention issues is little more than an academic exercise.”
The judge noted that every person arrested on criminal charges is entitled to “a full and fair determination of whether he must remain in federal custody pending trial.”
The Epoch Times sought comment from Abrego Garcia’s attorney and the Department of Justice but did not receive a response by publication time.
Abrego Garcia illegally entered the United States in 2011 and was living in Maryland. He was arrested and deported to El Salvador in March for allegedly being a member of the MS-13 gang, a terrorist organization, despite an immigration judge having issued a withholding of removal—which legally barred his deportation to his home country—in 2019 because of concerns for his safety.
