Kilmar Abrego Garcia is not getting out of jail for now.
The Monday ruling from federal Magistrate Barbara D. Holmes comes at the request of Garcia, who is facing federal charges of human smuggling. Garcia is concerned “based on purported conflicting statements by the government, specifically that it intends to remove Abrego to a third country upon his return to DHS custody following release in this case and that it would ensure Abrego is not removed before trial on the instant criminal charges,” Holmes said in the ruling.
Holmes previously said that Garcia should be released but acknowledged that he would likely remain in federal custody. In her ruling Monday, Holmes said she considered the “perceived conflicting positions taken by the government regarding whether it will deport Abrego pending final disposition of this case including the further review by the District Judge of the government’s request for pretrial detention.”
The ruling means Garcia will be held in federal custody until a July 16 hearing.
“He shall, to the extent practicable, be held separately from persons awaiting or serving sentences or being held in custody pending appeal and he shall be afforded a reasonable opportunity for private consultation with defense counsel,” Holmes said in her ruling.
Garcia was returned to the U.S. after being deported to El Salvador to stand trial on charges of “alien smuggling” and “conspiracy to commit alien smuggling.”
The smuggling charges stem from a 2022 Tennessee traffic stop. Garcia was driving an SUV with eight passengers. One of the officers believed that he was smuggling them, remarking in a video of the traffic stop that he was “hauling these people for money.”
