Judge orders Abrego Garcia's release, but government expected to detain him

[In It to Win It]

Kilmar Abrego Garcia, who was mistakenly deported by the Trump administration to El Salvador then returned to the U.S. amid a legal battle, was ordered released from jail on Sunday by a Tennessee judge while he awaits federal trial.

The government, however, is expected to quickly detain him upon his release, which U.S. Magistrate Judge Barbara Holmes scheduled a Wednesday hearing to discuss.

The Justice Department has filed a motion to appeal the judge’s release order.

At a detention hearing on June 13, prosecutors said U.S. Immigration and Customs Enforcement (ICE) would take Abrego Garcia into custody if he were released on the criminal charges, and he could be deported before he has a chance to stand trial.

https://www.yahoo.com/news/judge-orders-abrego-garcia-release-002757065.html

[Prairie Gates]

1. Kafkaesque stuff

He's a dangerous human trafficker who must be kept in custody at all costs. If he is ordered released, we will take him into custody and deport him, whereupon he may simply be released into his country of origin. Or, he may be held once again in the El Salvadoran prison that we were ordered to return him from, whereupon we charged him with these very dangerous offenses for which he's now being ordered to be released, whereupon we'll surely take him into custody and deport him, perhaps to the El Salvadoran prison from which we were ordered to return him, whereupon we charged him with these extremely dangerous offenses.

[Blue Full Moon]

6. You are talking about Abbott

[Prairie Gates]

8. Uh, what?

[Blue Full Moon]

9. Texas governor Abbott human trafficking immigrants from Texas to the North.

[Renew Deal]

2. The Laken Riley act probably allows them to detain him for being charged with a crime

Not sure if they can deport him or not.

[purple_haze]

3. They can.

[Volaris]

5. If they do, doesnt that mean that he simply wont stand trial for the crimes theyve charged him with?

How is THAT in the states best interest?
Because then, the bullshit charges they've filed will never get called bullshit by an actual court.

The problem is, the court already told these idiots that he CANNOT be deported without appropriate Due Process (which is why hes back here in the first place)

..being charged with these crimes is solely because Bondi is mad that the court dared to give orders to Dear Leader...have I got this about right?

[purple_haze]

10. Well

it can go two ways. If he is present in violation of immigration law, he can be deported for that today.

OR

Immigration agencies can issue a detainer and then put him through the federal or state court system. If he is sentenced for any alleged crimes, he will serve that sentence. When the sentence is served, his immigration detainer will be what he is then deported under.

[underpants]

4. JFC

[Blue Full Moon]

7. Trumped up charges.

[LetMyPeopleVote]

11. Deadline: Legal Blog-Judge stresses due process while rejecting bid to detain Kilmar Abrego Garcia pending trial

The judge noted that her ruling could be seen as an "academic exercise" if Abrego Garcia just winds up held in immigration custody, anyway.

1/4

MSNBC - Deadline: Legal Blog - Judge stresses due process while rejecting bid to detain Kilmar Abrego Garcia pending trial

The judge noted that her ruling could be seen as an "academic exercise" if Abrego Garcia just winds up held in immigration custody, anyway.

— Lola Gayle (@lolagaylec.bsky.social) 2025-06-23T12:15:40.055Z

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/kilmar-abrego-garcia-judge-orders-release-detention-trump-rcna212833

A federal judge on Sunday rejected the Justice Department's bid to detain Kilmar Abrego Garcia pending his federal criminal trial in Tennessee, citing the importance of due process while noting that he could still separately be held by immigration authorities.

U.S. Magistrate Judge Barbara Holmes began her 51-page ruling by observing that the only thing the government and Abrego Garcia might agree on is the likelihood that he will stay in custody regardless of her detention ruling, given the government's intention to separately detain him in U.S. immigration custody. While that could make her ruling an “academic exercise,” Holmes stressed that she needed to give the defendant “the due process that he is guaranteed.”

A judge saying that she is going to enforce the Constitution might have been an obvious statement hardly worth writing before President Donald Trump’s second inauguration. But today it calls to mind the administration’s failure to provide that baseline guarantee in multiple cases, perhaps none more infamous than Abrego Garcia’s.

So, regardless of the outcome of this criminal case and any subsequent deportation efforts by the government, it’s remarkable that merely mentioning the necessity of due process stands as a rebuke against the administration that fought to avoid providing it in this case and is still fighting to avoid providing it in others.....

In her ruling on Sunday, Holmes said the government failed to make its case that Abrego Garcia is enough of a flight risk or danger to the community to warrant holding him ahead of trial. She said that she would set a hearing for Wednesday to review the conditions of his release.

But the DOJ quickly filed a motion to a U.S. District Court judge in Tennessee on Sunday, arguing that Holmes’ impending release order should be halted. The motion notes that Abrego Garcia “has an immigration detainer lodged against him by the Department of Homeland Security,” adding that “he will remain in custody pending deportation and Judge Holmes’ release order would not immediately release him to the community under any circumstance.”

The success of that government motion and any further appeal on the detention issue in the coming days could derail Abrego Garcia’s release in the criminal case, regardless of any separate immigration detention.