A judge has shut down arguments pushed by the Trump administration and White House Deputy Chief of Staff Stephen Miller in a ruling surrounding the high-profile case of Kilmar Abrego Garcia.
Tennessee Magistrate Barbara Holmes ruled Sunday that Abrego Garcia is not the dangerous gang member Trump allies like Miller and Department of Homeland Security Secretary Kristi Noem have repeatedly claimed he is.
Abrego Garcia is pending trial on human smuggling charges for allegedly transporting undocumented migrants within the U.S. He has pleaded not guilty to the charges.
In March, the Trump administration admitted to mistakenly deporting Abrego Garcia to El Salvador. The Supreme Court ordered them to facilitate his return to the United States.
In her 51-page report, Holmes disputed claims made by the U.S. government that Abrego Garcia was a member of international crime gang MS-13.
Miller has been vocal in his opposition to the case of Abrego Garcia. Last month, Miller said, “The Department of Justice has indicted the illegal alien terrorist from Maryland, the so-called Maryland man who is actually a foreign terrorist from El Salvador to make him face justice for his monstrous crimes against humanity.”
Miller claimed Abrego Garcia had committed “some of the most heinous crimes I’ve ever read about,” while Noem called him a “very dangerous person.”
In April, he pushed the claims to Fox News’ Jesse Watters that, “He is an illegal alien” and “implicated in human trafficking.” He added: “Deport, deport, deport!”
.@StephenM wrecks brainless liberals who stood up for a “Maryland dad” who ended up being an MS-13 member: “DEPORT, DEPORT, DEPORT!!” pic.twitter.com/qr7zDbMGUl
— Trump War Room (@TrumpWarRoom) April 2, 2025
The order from Holmes, however, said the government had failed to prove Abrego Garcia was a “serious risk” to flee or obstruct justice in his case.
“Overall, the Court cannot find from the evidence presented that Abrego’s release clearly and convincingly poses an irremediable danger to other persons or to the community,” the judge wrote.
Holmes also slammed government evidence that Garcia is a member of MS-13, saying it “consists of general statements, all double hearsay”, and stated that he “has no criminal history” of any kind.
“The Court does not find that these circumstances, when considered together, compel a determination that Abrego poses a risk of danger to the community or has the proclivity and incentive to flee rather than face prosecution of this case,” Holmes said.
Holmes added, “Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial.”
She continued, “The Court will give Abrego the due process that he is guaranteed.”
Holmes, of the U.S. District Court for Middle Tennessee, ordered Garcia released from prison as he awaits trial. However his fate remains in limbo after the government appealed the order to release him on Sunday.
Holmes reflected on this in her opinion. “That suggests the Court’s determination of the detention issues is little more than an academic exercise,” Holmes wrote.
Following the government’s appeal, the Maryland father will now be placed in custody with ICE, “pending deportation” again, officials said.
In their request for his stay, Justice Department lawyers said, “He will remain in custody pending deportation and Judge Holmes’ release order would not immediately release him to the community under any circumstance.”
Another court hearing is due to take place on Wednesday afternoon to set conditions for Abrego Garcia’s release.
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