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Denying the Justice Department’s request to detain the deportee would be a significant rebuke of the Trump administration, which has repeatedly cast him as a dangerous criminal.
By Alan Feuer and Jamie McGee
Alan Feuer reported from New York, and Jamie McGee from Nashville.
June 13, 2025Updated 7:55 p.m. ET
A federal judge signaled on Friday that she was open to granting bail to Kilmar Armando Abrego Garcia, one week after he was returned to the United States to face criminal charges following his wrongful deportation to El Salvador.
If the judge, Barbara D. Holmes, does end up denying the Justice Department’s request to detain Mr. Abrego Garcia as he awaits trial, it would be a significant rebuke of the Trump administration, which has repeatedly accused him of being a dangerous criminal, even a terrorist. But it would also represent a Pyrrhic victory for him and his defense team because, as Judge Holmes pointed out, he would almost certainly be taken into custody by immigration officials.
Judge Holmes declined to make a final decision on the question of bail at a daylong hearing in Federal District Court in Nashville where Mr. Abrego Garcia pleaded not guilty to a two-count federal indictment unsealed last Friday. The indictment, which was obtained in May while he was being held in Salvadoran custody, charged him with having taken part in a yearslong conspiracy to smuggle undocumented immigrants across the United States as a member of the violent street gang MS-13.
The judge said she intended to issue a written decision about Mr. Abrego Garcia’s bail “sooner rather than later.”
During the hearing, federal prosecutors threw everything they had at Mr. Abrego Garcia in an effort to persuade Judge Holmes that he was a flight risk and a danger to the community. In an unusual move, the presentation was made personally by Robert E. McGuire, the acting U.S. attorney for the Middle District of Tennessee.
Mr. McGuire brought up two domestic violence complaints that Mr. Abrego Garcia’s wife had filed against him years ago. He accused the defendant, a Salvadoran man who had been living in Maryland at the time of his expulsion, of transporting children as part of the smuggling operation. And he asserted there was evidence that Mr. Abrego Garcia had sexually harassed some of his young female passengers.
