Kilmar Abrego Garcia's lawyers ask judge to release him from custody pending trial
Last edited Thu Jun 12, 2025, 10:16 AM - Edit history (1)
Source: Politico
06/11/2025 08:17 PM EDT
Lawyers for Kilmar Abrego Garcia, the Salvadoran man illegally deported to his native country in March and returned to the U.S. last week to face human trafficking charges, say the Trump administration is compounding his mistreatment by trying to keep him in jail while awaiting trial.
Mr. Abrego Garcia asks the Court for what he has been denied the past several months due process, his lawyers, four appointed public defenders, argued in a 20-page filing to a federal magistrate judge in Nashville, Tennessee, where Abrego Garcia was secretly indicted last month ahead of his return.
U.S. Magistrate Judge Sarah Holmes has set a hearing for Friday on whether Abrego Garcia should be detained as he awaits trial. However, even if she opts against detention in the criminal case, Abrego Garcia will likely be put in immigration custody and his prospects for release there are uncertain.
Holmes has given both sides a deadline of noon local time Thursday to indicate whether they plan to call witnesses at the hearing. However, defense attorneys argue in the new filing that the crimes Abrego Garcia was charged with dont permit pretrial detention in most circumstances.
Read more: https://www.politico.com/news/2025/06/11/kilmar-abrego-garcia-criminal-trial-00401951
Link to FILING (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.tnmd.104621/gov.uscourts.tnmd.104621.29.0.pdf

SSJVegeta
(671 posts)If not, if he does go back to ICE custody, I wouldn't be surprised if a Federal Judge finally orders his release.
BumRushDaShow
(154,312 posts)he is now under DOJ custody - https://www.democraticunderground.com/10143473969
(ICE is under DHS)
SSJVegeta
(671 posts)Which sounds nuts
BumRushDaShow
(154,312 posts)but was getting my little convertible laptop ready for a monthly update so hadn't added the filing but just did so now.
Apparently there are 2 things here - a "detention hearing" (which is under ICE) and the "in custody" due to the new federal charges by DOJ.
The filing was to request that he be released from DOJ custody related to any "detention hearing" under ICE as no detention hearing should happen at all (which I expect is what the "hot potato" talk of moves between departments is about). That would probably mean then being held by DOJ for the DOJ charges and that would probably require a separate filing for release on bail (or under whatever circumstances) after arraignment.
SSJVegeta
(671 posts)Thank you!
BumRushDaShow
(154,312 posts)and thank you for reminding me to get a link up to the filing (a lot of articles won't include them so I have to usually dig for them but Politico actually had a link to it).
usaf-vet
(7,549 posts)... attorneys join in to get Kilmar Abrego Garcia the best defense possible.
Four public defenders fighting against the corrupt Trump DOJ is hardly a fair match, IMHO.
BumRushDaShow
(154,312 posts)and not still at CECOT like most of the others means he has a crack team behind him (along with a pile of members of Congress in support and others with amicus briefs).
(remember that 45 co-opted a pile of crack lawyers to do "pro bono" work for him so not all pro bono lawyers are wanaabes )
Callie1979
(773 posts)The whole "human trafficking" thing? All I've seen are the accusations, no info
twodogsbarking
(13,961 posts)LetMyPeopleVote
(164,661 posts)Link to tweet
With no legal process whatsoever, the United States government illegally
detained and deported Kilmar Abrego Garcia and shipped him to the Center for
Terrorism Confinement (CECOT) in El Salvador, one of the most violent, inhumane prisons in the world. The government now asks this Court to detain him further. As the Fourth Circuit Court of Appeals has held, the government's treatment of Mr.
Abrego Garcia should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.
Mr. Abrego Garcia asks the Court for what he has been denied the past several monthsdue process.


republianmushroom
(20,197 posts)seen on daytime TV shows. Where he will be if out of jail. Telling the nation and world what he and others have/are going thru.