Federal Magistrate Judge Barbara Holmes ruled Sunday that accused human trafficker Kilmar Abrego Garcia should not be detained on his criminal charges.
Despite a federal grand jury indictment and disturbing allegations linking Abrego Garcia to human trafficking and violent gang activity, Judge Holmes claimed the government failed to meet the threshold under the Bail Reform Act to justify holding him in pretrial detention.
Abrego Garcia, an illegal alien with alleged ties to the notoriously violent MS-13 gang and a history of domestic abuse, now faces two federal charges: one count of conspiracy to transport illegal aliens and one count of unlawful transportation of undocumented migrants.
His arrest in Tennessee follows a years-long human trafficking operation spanning from 2016 to 2025, involving collaborators in El Salvador, Guatemala, Mexico, and the United States.
The court’s 51-page memo reads like a bureaucratic escape hatch. “The Court finds that no detention hearing is authorized… because the government failed to prove… a ‘serious risk’ that Abrego will flee or obstruct justice,” Holmes wrote, dismissing serious concerns about public safety and flight risk.
Instead of acknowledging the magnitude of the case, the judge split hairs over legal definitions, arguing the case didn’t involve a “minor victim” or pose a “serious risk” under existing detention guidelines. This, despite overwhelming evidence of gang ties, cross-border trafficking, and a credible claim—by a co-conspirator—that Abrego Garcia was involved in the murder of a rival gang member’s mother.
Garcia pleaded not guilty to the charges earlier this month, appearing in a Nashville court in a red jumpsuit. He will likely remain in ICE custody due to an immigration detainer, but many are questioning how such a dangerous individual even made it this far without federal agencies stepping in.
In fact, Fox News released 2022 bodycam footage showing Garcia caught red-handed transporting illegal migrants in Tennessee. According to the report, the Biden FBI was contacted but instructed local authorities to release Garcia. ICE, under the same administration, never even showed up.
Charlie Kirk summed it up bluntly: “Biden’s FBI was called, and said to simply release Abrego Garcia. Biden’s ICE was called, and never bothered to show up.”
Vice President JD Vance and other Republicans have repeatedly sounded the alarm on the dangers of unvetted illegal immigration and sanctuary policies that put American lives at risk. This ruling underscores what critics see as a broken justice system more focused on protecting criminals than the American people.
If convicted, Abrego Garcia faces up to 10 years in federal prison for each alien he transported. But thanks to the Biden DOJ’s apathy and Judge Holmes’ leniency, a known gang member and human trafficker just came one step closer to walking free.
How many more Americans have to suffer before Washington takes border crime seriously?