US says Kilmar Ábrego García will 'never go free' after judge orders his release
In a dramatic turn this week, a federal judge in Nashville, Tennessee, ruled that Salvadoran immigrant Kilmar Ábrego García should be released ahead of his trial on migrant-smuggling charges. However, the U.S. government responded forcefully, declaring he “will never go free on American soil” .
Magistrate Judge Barbara Holmes, presiding over the June 22 hearing, concluded that prosecutors failed to prove, by clear and convincing evidence, that Ábrego García is a flight risk or a danger to the community . The judge dismissed government claims about alleged MS‑13 affiliations as unreliable hearsay, calling the evidence “double hearsay” and lacking credibility .
The defendant, who was erroneously deported to El Salvador in March despite a 2019 order legally barring his removal, pleaded not guilty on June 13. The indictment accuses him of orchestrating a migrant-transport ring since a 2022 traffic stop in Tennessee where he was found with nine passengers .
But Judge Holmes noted that even if she granted pretrial release, Immigration and Customs Enforcement (ICE) could immediately take Ábrego García back into custody — potentially via civil immigration detention or renewed deportation efforts . The Department of Homeland Security’s representative, Tricia McLaughlin, emphasized that Ábrego García “will never go free on American soil,” underscoring the administration’s intent to keep him detained . The government has appealed the judge’s decision and is seeking a stay to prevent his release .
Supporters of Ábrego García — including immigrant advocacy groups, unions, and his family — argue that, beyond facing smuggling charges, he has the right to due process and reunification with his wife and U.S.-born child .
Looking ahead, a Wednesday hearing is set to determine the precise conditions for possible release and address the government’s appeal. Meanwhile, ICE’s ready position suggests he may remain behind bars, even if the criminal court permits freedom.
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