A federal judge has ordered the release of Kilmar Abrego Garcia, an illegal alien accused of smuggling hundreds of migrants—including MS-13 gang members and children—across the United States. The ruling has sparked outrage, with the Trump administration swiftly appealing the decision and signaling that Abrego Garcia could be re-detained and deported even if he is released before trial.
The case has drawn national attention not only because of Abrego Garcia’s alleged criminal activities, but also due to Democratic lawmakers’ public defense of him, with some referring to the Salvadoran national as a “Maryland man.”
U.S. Magistrate Judge Barbara Holmes ruled that the federal government failed to prove that Abrego Garcia posed a sufficiently clear and immediate danger to justify pre-trial detention.
Despite the judge’s decision, the Department of Homeland Security (DHS) made it clear Monday that Abrego Garcia’s potential release would not result in freedom on U.S. soil.
“Kilmar Abrego Garcia is a dangerous criminal illegal alien,” said DHS Assistant Secretary Tricia McLaughlin in a statement to The Daily Wire. “We have said it for months and it remains true to this day: he will never go free on American soil.”
According to the DOJ, Immigration and Customs Enforcement (ICE) stands ready to apprehend Abrego Garcia again, should the judge’s order be upheld. The DOJ’s appeal noted that the defendant is “subject to potential deportation in the near future.”
A hearing on the appeal is scheduled for Wednesday.
Abrego Garcia was deported to El Salvador earlier this year by the Trump administration but was brought back to the United States under order from the U.S. Supreme Court to stand trial in Tennessee for human trafficking charges.
He was arrested in 2022 by the Tennessee Highway Patrol while transporting a group of illegal immigrants, none of whom had valid identification or spoke English. The officers noted that the van had been modified to accommodate extra passengers—an indicator of potential smuggling activity.
Federal prosecutors allege that Abrego Garcia helped smuggle hundreds of illegal aliens, including known MS-13 gang members and unaccompanied minors, throughout the U.S. He has also been accused of domestic abuse by his wife.
Despite the allegations, several prominent Democratic lawmakers have championed Abrego Garcia’s cause, with Sen. Chris Van Hollen (D-MD) being the first of several to travel to El Salvador to visit him after his initial deportation.
Rep. Ivey referred to Abrego Garcia as his “constituent,” a characterization that has been ridiculed by critics, given that Abrego Garcia is not an American citizen. Reps. Maxwell Frost (D-FL), Robert Garcia (D-CA), and Yassamin Ansari (D-AZ) also made the trip to El Salvador, though they were reportedly denied a meeting with the accused smuggler.
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He needs to be released in the custody of this judge. Who will then be legally responsible for his actions.
If an illegal immigrant is his “”constituent “, then Ivey is admitting to illegal voting in his state.