Outrage as Judge Rules MS-13’s Kilmar Abrego Garcia Can Walk Free Pending Trial
Federal magistrate judge Barbara Holmes on Sunday ruled that MS-13 gang member and wife beater Kilmar Abrego Garcia should not be detained on his criminal charges.
Abrego Garcia will now likely remain in custody on an ICE detainer.
The judge wrote in a 51-page memo:
“As required by the Bail Reform Act, the Court has reviewed the evidence presented at the June 13 hearing and considered the parties’ arguments and the Pretrial Services report.
For the reasons detailed below, the government’s motion for detention is DENIED. Specifically, the Court finds that no detention hearing is authorized under the Bail Reform Act in this case because the government failed to prove that this case involves: (1) a minor victim within the meaning of § 3142(f)(1)(E); (2) a ‘serious risk’ that Abrego will flee, as required by § 3142(f)(2)(A); or, (3) a ‘serious risk’ that Abrego will obstruct justice or otherwise interfere with the integrity of this proceeding, as required by § 3142(f)(2)(B).”
Kilmar Abrego Garcia pleaded not guilty to human trafficking charges earlier this month.
He appeared in a Nashville court clad in a red jumpsuit.
Abrego Garcia was recently indicted by a federal grand jury in Tennessee for “transporting undocumented migrants within the United States.”
He was charged with one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented aliens.
According to the indictment, Abrego Garcia and co-conspirators from El Salvador, Guatemala, Mexico, and the United States trafficked illegal aliens from 2016 through 2025.
“If convicted at trial, the defendant faces a maximum punishment of 10 years’ imprisonment for ‘each alien’ he transported,” the government said.
According to ABC News, a co-conspirator told federal authorities that Abrego Garcia was involved in the murder of a rival gang member’s mother.
In May, Fox News obtained 2022 bodycam footage that shows Abrego Garcia being caught human trafficking in Tennessee.
Watch:
That same month, Border Czar Tom Homan launched a blistering rebuke of Democrat lawmakers for defending suspected MS-13 gang member Kilmar Abrego Garcia, calling out their apparent disregard for victims of illegal immigrant crime.
Homan’s comments come as Democratic leaders face criticism for advocating on behalf of violent criminals while ignoring grieving families in the U.S.
As previously reported, several Democratic lawmakers — including Senator Chris Van Hollen (D-MD) — recently traveled to El Salvador to demand the release of Abrego Garcia.
The move has sparked outrage from conservative leaders and law enforcement officials.
Despite Abrego Garcia’s extensive criminal history and immigration violations, some media outlets have referred to him as a “Maryland man.”
However, he has no legal status in the United States and has been tied to MS-13 leadership since at least 2019.
According to court documents from a 2019 arrest, Garcia was wearing a Chicago Bulls hat and a hoodie with imagery believed to be linked to MS-13.
A confidential informant also identified him as an active MS-13 member.
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