A federal judge in Tennessee has ordered Kilmar Abrego Garcia, a suspected human smuggler and illegal alien, to remain in custody as his criminal case moves forward. The decision comes after a legal tug-of-war involving the Department of Justice, the Department of Homeland Security, and Abrego Garcia’s own defense team.
On Monday, U.S. Magistrate Judge Barbara Holmes reversed her earlier decision to release Abrego Garcia, citing concerns raised by the defense that he could be deported by Immigration and Customs Enforcement (ICE) before his federal trial concludes.
Holmes ordered that he remain in the custody of U.S. Marshals pending further notice and directed authorities to hold him separately from other detainees, allowing him reasonable access to legal counsel.
This outcome represents a rare moment of agreement between the defense and prosecutors—both sides, for different reasons, wanted Abrego Garcia to remain in U.S. custody.
The Justice Department argued he posed a flight risk and a threat to public safety, citing alleged gang affiliations, involvement in child endangerment through smuggling operations, and prior domestic violence complaints. Meanwhile, his defense attorneys, fearing deportation to El Salvador, sought to prevent ICE from interfering with the trial process.
Abrego Garcia, inaccurately described by some media outlets as a “Maryland man,” is in the U.S. illegally and faces serious federal charges. He could receive up to 10 years in prison and a $250,000 fine for conspiracy to transport illegal aliens, and an additional 10 years per individual smuggled across the border under a second charge.
Adding to the complexity, Abrego Garcia was previously deported due to suspected ties to MS-13, the violent transnational gang. He was recently returned to the U.S. for prosecution after authorities uncovered evidence linking him to a human smuggling operation that endangered children and exploited vulnerable migrants.
The Department of Homeland Security (DHS), which has taken a hardline stance on the case, swiftly responded after Judge Holmes initially ordered his release. Assistant DHS Secretary Tricia McLaughlin declared that Abrego Garcia was a “dangerous criminal illegal alien” and would “never go free on American soil.”
The current ruling ensures that Abrego Garcia will remain under tight federal supervision while his case proceeds—a decision that highlights the legal and jurisdictional challenges involved when criminal proceedings intersect with immigration enforcement.
