NASHVILLE, Tenn. (AP) — A Tennessee judge is set to hear arguments Friday regarding whether Kilmar Abrego Garcia can be released from jail while awaiting a trial on human smuggling charges. The discussion will focus on a motion filed by the Acting U.S. Attorney for the Middle District of Tennessee, Rob McGuire, which argues for Abrego Garcia's detention, branding him a danger to the community and a flight risk. In contrast, Abrego Garcia's attorneys contend that he should be released, citing his previous wrongful detention in a notorious Salvadoran prison due to governmental errors and invoking principles of due process and basic fairness.
Abrego Garcia, a citizen of El Salvador, had resided in the United States for over a decade before his wrongful deportation in March 2023. His expulsion defied a 2019 order from a U.S. immigration judge that protected him from being sent back to El Salvador, as he faces the threat of gang persecution there. His case has emerged as a significant focal point for those opposing former President Donald Trump's mass deportation policies. The Trump administration dismissed the wrongful deportation as an "administrative error" yet has continued to assert that Abrego Garcia is linked to the El Salvadoran gang MS-13, a claim his wife and attorneys vehemently deny, describing him as a dedicated construction worker and family man.
The government's arguments for detaining Abrego Garcia pretrial allege he has been involved in trafficking people, drugs, and firearms and that he has abused women during these transgressions, amongst other serious claims. Notably, the government even alleges his involvement in a murder in El Salvador. However, these allegations are not part of the formal charges against him. During his first court appearance on June 6, Judge Barbara Holmes cautioned the prosecutors that detaining someone based solely on unproven allegations was not permissible.
One of Abrego Garcia's attorneys characterized the government's claims as "preposterous," arguing they reflect a desperate attempt by the Trump administration to justify the erroneous deportation months later. Attorney Simon Sandoval-Moshenberg expressed skepticism about the viability of the government's case, stating, "There's no way a jury is going to see the evidence and agree that this sheet metal worker is the leader of an international MS-13 smuggling conspiracy."
A Wednesday court filing by Abrego Garcia’s public defenders asserted that the government should not even have the right to a detention hearing, let alone secure detention, because the charges facing their client are not severe enough. While the maximum penalty for smuggling even one person can be up to 10 years, the average sentence for human smuggling in 2024 stood at just 15 months. The defense highlighted that no minimum sentence exists for the charges against him.
César Cuauhtémoc García Hernández, a law professor at Ohio State University, suggested that the judge might consider releasing Abrego Garcia, noting that his public profile makes him less likely to evade law enforcement. He expressed disbelief at the notion that Abrego Garcia could go unnoticed if he were to flee. However, even if he is released from criminal charges, García Hernández pointed out that Immigration and Customs Enforcement (ICE) could promptly seek to detain and deport him, as it is typical for individuals in such circumstances.
Interestingly, the decision to prosecute Abrego Garcia led to the resignation of Ben Schrader, the chief of the criminal division at the U.S. Attorney's Office for the Middle District of Tennessee. Schrader implied in a social media post that he left due to concerns about the ethics of the case. Abrego Garcia, although a Maryland resident, is facing charges in Tennessee related to a May 2022 traffic stop for speeding. In footage released last month, the Tennessee Highway Patrol officers expressed suspicions of human smuggling during this incident before ultimately allowing him to continue unharmed.
Moreover, the situation surrounding Abrego Garcia's deportation is not yet resolved. His attorneys are pursuing a lawsuit in a Maryland federal court seeking fines against the previous administration for failing to follow court orders concerning his return to the United States. The Trump administration has responded by indicating it will seek to dismiss this lawsuit by asserting that it acted in compliance with the judge's order.
