A federal judge ruled that Kilmar Abrego Garcia, the Salvadoran national mistakenly deported by the Trump administration and who is now facing human smuggling charges, must be released from custody while awaiting trial.
In a ruling on Sunday evening, U.S. Magistrate Judge Barbara Holmes said the Department of Justice “failed to meet its burden of showing a properly supported basis for detention on grounds that Abrego poses and irremediable danger to the community or is likely not to appeal.”
“Rather, the Court finds that it can impose conditions of release to reasonably assure the safety of others and the community and Abrego’s appearance,” the ruling said.
Holmes added that a separate hearing will be scheduled to specify what those conditions for Abrego Garcia’s release ultimately are, as he awaits trial for the federal human smuggling charges.
The ruling is a blow to the Trump DOJ, which sought to keep Abrego Garcia behind bars until the trial, arguing there is “serious risk” that the Salvadoran national will flee the country, obstruct justice, or endanger witnesses.
Abrego Garcia faces two federal charges accusing him of trafficking illegal migrants across the southern border as part of a multiyear operation since 2011. He pleaded not guilty to those charges just over a week ago.
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The Trump administration deported Abrego Garcia without a hearing in March to El Salvador’s notorious megaprison, the Terrorism Confinement Center. He was ultimately moved to a smaller jail after some Senate Democrats traveled to meet him and push for his release.
Abrego Garcia was ultimately sent back to the United States in early June to face the human smuggling charges.