Kilmar Abrego Garcia will remain behind bars for now, following a federal judge’s ruling on Monday.
U.S. Magistrate Judge Barbara D. Holmes denied Garcia’s request for release as he awaits trial on federal charges of human smuggling. The decision comes amid confusion over the government’s intentions regarding Garcia’s immigration status.
Garcia’s legal team raised concerns that U.S. officials had made conflicting statements — suggesting both that he would be deported to a third country if released and that he would not be removed before his trial. Judge Holmes noted those concerns in her ruling, citing the government’s “perceived conflicting positions” about whether Garcia would face deportation before the case is resolved.
Though Holmes had previously indicated that Garcia could be eligible for release, she acknowledged that he would likely remain in custody due to the pending review of the government’s pretrial detention request by a district judge.
As a result, Garcia will stay in federal custody until at least July 16, when the next hearing is scheduled.
Holmes ordered that Garcia “shall, to the extent practicable, be held separately from persons awaiting or serving sentences or being held in custody pending appeal,” and must be given “a reasonable opportunity for private consultation with defense counsel.”
Garcia had been deported to El Salvador but was returned to the U.S. to face federal charges of alien smuggling and conspiracy to commit alien smuggling.
The case stems from a 2022 traffic stop in Tennessee, where police pulled over an SUV Garcia was driving. Eight passengers were inside. According to police bodycam footage, one officer remarked that Garcia appeared to be “hauling these people for money.”
