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The U.S. government has appealed a federal judge’s order to release Kilmar Abrego Garcia, a Maryland father who was mistakenly deported to El Salvador in March, only to face new federal smuggling charges upon his court-mandated return.
The Trump administration acknowledged the erroneous deportation earlier this spring after the Supreme Court ordered Abrego Garcia’s return to the United States. But rather than restoring him to freedom, federal authorities charged him with conspiracy to unlawfully transport immigrants for financial gain and unlawful transportation of immigrants. Abrego Garcia has pleaded not guilty.
Judge Slams Government’s Handling of Case
On Sunday, U.S. Magistrate Judge Barbara D. Holmes ruled that Abrego Garcia should be released pending trial, subject to certain conditions, and criticized the government’s conduct in the case.
“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,” Holmes wrote.
She highlighted discrepancies in the government’s language, criticizing the interchangeable use of ‘human smuggling’ and ‘human trafficking,’ despite the legal distinction: smuggling typically involves willing participants, while trafficking involves coercion or exploitation.
Holmes also noted the lack of specific evidence tying Abrego Garcia to allegations that he transported a minor as part of the alleged smuggling operation.
Government Moves to Keep Him in Custody
Within hours of the ruling, the Justice Department filed an appeal to stay the release, arguing that Abrego Garcia should remain detained — not only pending trial, but also potentially for removal proceedings.
“He will remain in custody pending deportation and Judge Holmes’ release order would not immediately release him to the community under any circumstance,” DOJ lawyers wrote in the appeal.
The government’s position suggests that even if released on bond under federal criminal guidelines, Abrego Garcia would likely be re-detained by Immigration and Customs Enforcement (ICE) for deportation proceedings — raising further questions about the limits of the court’s jurisdiction.
“That suggests the Court’s determination of the detention issues is little more than an academic exercise,” Holmes said, acknowledging that ICE detention would probably follow any release.
Release Hearing Scheduled, But Freedom Elusive
A hearing has been scheduled for Wednesday to determine the specific terms of Abrego Garcia’s release. Holmes ordered that federal authorities produce Abrego Garcia for the hearing, despite doubts that he’ll be allowed to go free.
Legal observers say the case underscores the entangled nature of criminal and immigration law, as well as growing concerns about due process for immigrants mistakenly swept up in deportation proceedings.
Background: Wrongful Deportation
Abrego Garcia’s case drew national attention after it was revealed he was deported in error, even as legal proceedings were pending. The Supreme Court intervened, ordering the federal government to facilitate his return from El Salvador.
His subsequent arrest on smuggling-related charges has raised suspicion among immigrant advocates, who question whether the charges are an effort to retroactively justify his removal.
What’s Next
Abrego Garcia’s legal team is expected to challenge both the criminal charges and the renewed deportation proceedings, arguing that his rights have been systematically violated.
Judge Holmes’ order affirms that the legal process must still apply, even when immigration status is in question.
“The Court will give Abrego the due process that he is guaranteed,” Holmes wrote.
Whether that due process results in actual freedom before trial remains unclear.
