A Tennessee judge is scheduled to hear arguments Friday about whether Kilmar Abrego Garcia can be released from jail pending the outcome of a trial on human smuggling charges.
In a motion asking U.S. Magistrate Judge Barbara Holmes to order Abrego Garcia detained, Acting U.S. Attorney for the Middle District of Tennessee Rob McGuire described him as both a danger to the community and a flight risk. Abrego Garcia’s attorneys disagree. They point out that he was already wrongly detained in a notorious Salvadoran prison thanks to government error, and argue that due process and “basic fairness” require him to be set free.
Abrego Garcia is a citizen of El Salvador who had been living in the United States for more than a decade before he was wrongfully deported in March. The expulsion violated a 2019 U.S. immigration judge’s order that shielded him from deportation to his native country because he likely faced gang persecution there.