Federal Judge Denies Detention Motion For MS-13 Suspect In Tennessee

A federal magistrate judge in Nashville, Barbara Holmes, denied the U.S. government's motion to detain Kilmar Abrego Garcia, an immigrant wrongfully deported to El Salvador, who faces human smuggling charges related to a 2022 Tennessee traffic stop. Despite the government's claims that Abrego is an MS-13 gang member involved in violent crimes, Holmes found the evidence unconvincing, describing it as unreliable, contradictory, and based on double hearsay from cooperating witnesses with criminal histories. The judge emphasized that Abrego, who has no prior criminal record, is entitled to due process and a presumption of innocence, and concluded that the government failed to prove he posed a flight risk, danger to the community, or involvement with minor victims. Although Abrego will likely remain in custody due to an ICE detainer, the court scheduled a hearing for June 25 to review conditions for his release. Federal prosecutors have filed a notice of appeal against the decision, asserting the seriousness of the charges, which could lead to lengthy sentences if convicted. The case highlights ongoing tensions between immigration enforcement and judicial safeguards under the current administration.