Abrego Garcia Ordered Released, But Likely to Stay in U.S. Custody

Source: YouTube

A U.S. judge ordered Kilmar Abrego Garcia released on bail Sunday, but that does not mean he will walk free anytime soon. Garcia, the Salvadoran national at the center of a high-profile deportation case, is expected to be taken into immigration detention even if he is released from criminal custody. U.S. Magistrate Judge Barbara Holmes in Nashville made the decision, saying the government failed to prove Abrego is a danger to the public or unlikely to appear for his trial.

Abrego Garcia’s Case Sparks National Debate

Abrego Garcia, a Maryland resident, was deported to El Salvador earlier this year despite a 2019 court order barring his removal. That order was meant to protect him from gang violence in his home country. Officials later admitted his deportation was an “administrative error,” but for months refused to bring him back.

His case quickly became a political flashpoint. Critics of President Donald Trump accused the administration of violating due process, while Trump defended the deportation and insisted that Garcia belongs to MS-13. However, his attorneys strongly deny any gang ties.

The Justice Department returned Abrego Garcia to the U.S. earlier this month after securing a federal indictment accusing him of working with a smuggling ring that brought undocumented migrants into the country. Prosecutors say Garcia made more than 100 trips transporting migrants, firearms, and drugs between Texas, Maryland, and other states. He pleaded not guilty to the charges. His lawyers argue the suit was an attempt to cover up government missteps and say cooperating witnesses against him have credibility issues.

Judge Denies Detention, But ICE Likely to Step In

In her ruling, Judge Holmes said the government did not provide enough evidence to justify holding Abrego Garcia in jail ahead of trial. She cited flaws in the case, including weak connections to alleged gang activity and conflicting information from witnesses facing their own legal problems. Holmes also noted that immigration officials will likely detain Garcia regardless of the criminal case outcome. Immigration and Customs Enforcement (ICE) can hold him under civil proceedings separate from the smuggling charges.

Garcia’s legal team welcomed the ruling. “The court’s decision reinforces that Mr. Abrego Garcia is entitled to due process and the presumption of innocence,” his attorney Sean Hecker said. Meanwhile, the Justice Department has appealed the decision and continues to portray Abrego as a threat. A spokesperson for the Department of Homeland Security called him “a dangerous criminal illegal alien” and vowed he will never go free on U.S. soil.

A Case That Could Shape Immigration Policy

The Abrego Garcia case has fueled broader debates over immigration enforcement, due process, and the Trump administration’s policies. It has raised questions about how errors like wrongful deportations occur and whether political motivations influence high-profile cases.

Separate legal proceedings are ongoing in Maryland, where a federal judge is examining whether Trump officials violated court orders by delaying Garcia’s return to the U.S. after his deportation. While the criminal case moves forward, he remains at the center of a national fight over immigration, civil rights, and government accountability. His next hearing is scheduled for Wednesday in Nashville.

Do you believe Kilmar Abrego Garcia should remain in U.S. detention while his legal case continues? Tell us what you think.

Survey

 Loading ...