Kilmar Abrego Garcia to appear in court for possible release, a move federal prosecutors oppose

Supporters of Kilmar Abrego Garcia protest outside the Fred D. Thompson Federal Courthouse in Nashville on June 13 before Abrego Garcia’s arraignment on federal charges. (Photo: John Partipilo/Tennessee Lookout)

NASHVILLE — Kilmar Abrego Garcia is due to appear in a downtown Nashville courtroom today for a hearing scheduled to set conditions for his release pending trial on human smuggling charges.

Federal prosecutors, however, continue to fight for him to be detained. On Sunday a federal magistrate judge issued an order dismissing claims that Abrego posed a flight risk or danger to the community. Prosecutors immediately filed notice they intend to challenge the order. 

Should he be released on bond, Abrego will most likely be taken into the immediate custody of Immigration and Customs Enforcement and could be deported, prosecutors said.

If Abrego is deported, the United States would “lose the meaningful opportunity to try its case. This would be irreparable harm to the public,” they argued in legal filings submitted Tuesday.

Prosecutors are seeking a temporary 30-day pause on proceedings to litigate their legal claims that Abrego be detained pending trial.

Federal magistrate judge denies government’s motion to detain Kilmar Abrego Garcia

Family members of Abrego Garcia are also expected to make an appearance in Nashville, joining community leaders “to address concerns over due process, advocate for vulnerable communities and demand justice for Kilmar Abrego Garcia” a news release by the Tennessee Immigrant & Refugee Rights Coalition said.

Abrego, an Salvadoran national living in Maryland, has served as a symbol of the Trump administration’s immigration crackdown tactics. 

A father of three and a union metal sheet apprentice with no criminal history, Abrego was sent to a Salvadoran prison in March, despite a 2019 order that allowed him to reside in the country while his immigration case was considered. The 2019 immigration order specifically barred his deportation to El Salvador, where, Abrego said, he feared gang violence. 

A federal prosecutor in Maryland conceded he had been deported in error during a hearing about Abrego’s deportation. On Tuesday, the New York Times was among the news organizations that reported the prosecutor, Erez Reuveni, filed a whistleblower complaint that alleged he was questioned by his bosses over why he had not also argued instead that Abrego was a terrorist, despite a lack of evidence. Reuveni was then placed on administrative leave when he refused to sign onto a legal brief making the same claims against Abrego. Reuveni was subsequently fired.

The Supreme Court in April ordered federal officials to facilitate Abrego’s return. It wasn’t until June 6 that he was flown to Nashville to face criminal human charges tied to a 2022 Tennessee traffic stop. 

Kilmar Abrego Garcia enters not guilty pleas while federal judge defers decision on his release

Prosecutors now allege the 2022 Tennessee traffic stop was part of a national smuggling scheme in which Abrego was paid to drive immigrants illegally in the country from Texas to other states. 

An agent with the Department of Homeland Security testified he began his investigation into the three-year-old traffic stop in April, while Abrego remained in the El Salvador CECOT prison and after the Supreme Court had ordered the government to facilitate his return to the United States.

Abrego has pleaded not guilty to the charges.

Federal prosecutors in Nashville ask judge to keep Abrego Garcia detained until trial

In her order denying the prosecutors’ motion to detain Abrego, U.S. Magistrate Judge Barbara Holmes expressed skepticism for some of the government’s claims. 

Federal prosecutors argued that a teen boy was present with a number of Hispanic men when Abrego was pulled over for speeding in Tennessee in 2022. The presence of a minor during a crime can be legal grounds for keeping an individual detained pending trial. They also argued that Abrego was a gang member who could intimidate potential witnesses. Abrego has not been charged with crimes related to minors or gang activity.

Holmes questioned the reliability of witnesses and evidence prosecutors cited, noting that some of the individuals made deals for their own criminal and immigration cases in exchange for their testimony. She also concluded that some of the government’s claims relied on “multiple layers of hearsay.”