BREAKING: Judge Rules MS-13 Gang Member Kilmar Abrego Garcia Should NOT be Detained on His Criminal Charges of Child Trafficking – DOJ Appeals |

Update

The Department of Justice has officially challenged the recent release order issued by the judge.

In a surprising turn of events, Federal Magistrate Judge Barbara Holmes ruled on Sunday that Kilmar Abrego Garcia, an MS-13 gang member and convicted domestic abuser, should not be held in custody on his criminal charges.

However, it’s important to note that Abrego Garcia is expected to remain behind bars due to an ICE detainer.

“As mandated by the Bail Reform Act, the Court reviewed the evidence from the June 13 hearing, considered the arguments presented by both parties, and examined the Pretrial Services report. For the reasons outlined below, the government’s request for detention is hereby DENIED. Specifically, the Court concludes that the government did not establish that this case involves: (1) a minor victim as defined by § 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 compromise the integrity of this process, as delineated by § 3142(f)(2)(B),” the judge wrote in a 51-page memo.

BREAKING: Magistrate judge rules Abrego Garcia should not be detained on his criminal charges — even though he’s likely to remain in ICE custody. https://t.co/Yx7hLTg5iu pic.twitter.com/jVhoKubwmx

— Kyle Cheney (@kyledcheney) June 22, 2025

Earlier this month, Kilmar Abrego Garcia pleaded not guilty to charges of human trafficking while seeking release before his trial. He appeared in a Nashville courtroom dressed in a striking red jumpsuit.

A federal grand jury in Tennessee recently indicted him for “transporting undocumented migrants within the United States.”

He faces one count of conspiracy to transport aliens and one count of unlawful transportation of undocumented individuals. The indictment alleges that Abrego Garcia, along with co-conspirators from El Salvador, Guatemala, Mexico, and the U.S., engaged in trafficking illegal immigrants from 2016 to 2025.

For a detailed look at the indictment, click here.

“If found guilty, the defendant could face up to 10 years in prison for each individual he transported,” the government stated.

According to a report by ABC News, a co-conspirator informed authorities that Abrego Garcia was implicated in the murder of a rival gang member’s mother.

In a related incident, Fox News recently acquired bodycam footage from 2022 showing Abrego Garcia being apprehended for human trafficking in Tennessee.

WATCH:

BREAKING: Fox has obtained the body cam footage that shows Kilmar Abrego Garcia being caught human trafficking in 2022.

Biden’s FBI was called, and said to simply release Abrego Garcia. Biden’s ICE was called, and never bothered to show up.

For decades, American elites… pic.twitter.com/Z4LPHRFd7Q

— Charlie Kirk (@charliekirk11) May 2, 2025