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“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),” the judge wrote in a 51-page memo.
Despite her ruling, Abrego Garcia will likely remain locked up — but not because of the trafficking charges. He’s currently flagged by ICE and may be held on immigration grounds.
The jaw-dropping decision follows Abrego Garcia’s not guilty plea earlier this month. Wearing a red jumpsuit, he appeared before a Nashville court to request his release pending trial.
He’s facing federal charges tied to a large-scale human smuggling operation that spanned nearly a decade. According to a recent indictment from a Tennessee grand jury, Abrego Garcia — along with several other suspects from El Salvador, Guatemala, Mexico, and the U.S. — allegedly ran a cross-border smuggling network that funneled illegal migrants into the United States from 2016 all the way through 2025.
The indictment outlines two federal counts: conspiracy to transport aliens and unlawful transportation of undocumented individuals. Each count carries significant prison time.
WATCH:
“If convicted at trial, the defendant faces a maximum punishment of 10 years’ imprisonment for ‘each alien’ he transported,” the government said.
But that’s not the only red flag. Prosecutors also presented testimony suggesting Abrego Garcia may have ties to a grisly gang execution. According to court filings, a co-conspirator claimed that Garcia was connected to the murder of a rival gang member’s mother — a revelation that should give any judge pause.
Fox News previously obtained 2022 bodycam footage reportedly showing Garcia mid-trafficking operation in Tennessee — further reinforcing the seriousness of the charges.
So why the leniency?
Critics say this is just the latest in a string of baffling decisions by a justice system that seems more concerned with the rights of violent offenders than the safety of everyday Americans. The DOJ, clearly alarmed by the ruling, is appealing the decision.
With MS-13 still active across the U.S., and human trafficking reaching crisis levels, the notion of releasing someone like Kilmar Abrego Garcia ahead of trial is already drawing backlash from citizens and conservative leaders alike.
This isn’t just a legal mistake — it’s a national security concern.
Stay tuned as this story develops. The Department of Justice’s appeal could be the last line of defense to keep this alleged predator where he belongs: behind bars.
