Kilmar Abrego Garcia pleaded not responsible Friday to human smuggling fees, and the decide in case stated she would wait to concern a call on whether or not he ought to be launched from custody pending trial.
One week after he was introduced again to the Unites States from detention in El Salvador, Abrego Garcia entered his not responsible plea at his arraignment in Tennessee, the place federal prosecutors have charged him with transporting undocumented migrants inside the U.S. in what they are saying was a conspiracy involving the home transport of 1000’s of noncitizens from Mexico and Central America, together with some youngsters, in alternate for 1000’s of {dollars}.
Following his plea, U.S. Justice of the Peace Decide Barbara Holmes heard arguments over whether or not he ought to proceed to be detained, after which she stated she would seemingly concern a written order within the close to future — “quickly relatively than later,” she stated.
Prosecutors acknowledged in a courtroom submitting on Monday that Abrego Garcia would virtually definitely be instantly taken into custody by ICE if Decide Holmes had been to disclaim their movement for pre-trial detention — however they requested the courtroom to think about, for the sake of argument, that he “would have an infinite cause to flee” if he weren’t instantly detained by ICE.
A lot of the federal government’s testimony in assist of pre-trial detention got here from Homeland Safety particular agent Pete Joseph, who testified about his investigation into the 2022 visitors cease the place Abrego Garcia was pulled over for rushing in a automobile with eight passengers and informed police they’d been working development in Missouri.
The Tennessee Freeway Patrol officers finally issued no rushing ticket and allowed Abrego Garcia to drive on with only a warning about an expired driver’s license.
As ABC Information beforehand reported, the legal investigation that led to the costs was launched in April as federal authorities started to scrutinize the visitors cease.
Kilmar Abrego Garcia, a Salvadoran migrant on this handout picture obtained by Reuters on April 9, 2025.
Abrego Garcia Household Through Reuters
Joseph testified that legislation enforcement officers who pulled over the automobile requested these within the automobile to put in writing down their title, date of beginning and the place they had been touring to — what was described in courtroom as a “roster” of who was touring within the automobile. One particular person on the roster was a 15-year-old minor, in keeping with the listing supplied to legislation enforcement — a bit of proof that the federal government alleges proves that Abrego Garcia additionally transported minors.
The decide grappled with how a lot weight to provide that data, on condition that the Tennessee Freeway Patrol trooper wasn’t in courtroom to testify particularly concerning the listing.
“I am not saying to you that I am utterly discounting it,” stated Decide Holmes, who added that she wasn’t certain she was keen to simply accept that as a result of the particular person was a minor meant that he was a minor sufferer.
Joseph additionally testified that among the alleged co-conspirators and witnesses who spoke with federal authorities alleged that Abrego Garcia typically transported noncitizens together with his spouse and kids. His youngsters, Joseph stated, sat on the floorboard of the automobile.
U.S. legal professional Robert McGuire argued that confirmed there was a hazard to Abrego Garcia’s youngsters, who he allegedly used as “cowl.”
“I might submit, Your Honor, that his youngsters had been in danger,” McGuire stated. “It’s a harmful enterprise. And it was harmful for his youngsters.”
Attorneys representing Abrego Garcia pressed Joseph concerning the so-called “offers” witnesses and co-conspirators obtained in alternate for his or her testimony.
Jose Ramon Hernandez-Reyes, the proprietor of the automobile Abrego Garcia was driving — and the primary witness for the federal government — is a two-time felon who re-entered the nation 5 instances, in keeping with Joseph.
Reyes, who was serving a 30-month jail sentence for unlawful reentry, was just lately despatched to a midway home as a result of safety issues — a degree Abrego Garcia’s attorneys centered on throughout their cross examination.
Abrego Garcia has been the topic of a protracted authorized battle since he was deported in March to El Salvador’s CECOT mega-prison — regardless of a 2019 courtroom order barring his deportation to that nation as a result of concern of persecution — after the Trump administration claimed he was a member of the legal gang MS-13, which his household and attorneys deny.
The Trump administration, after arguing for practically two months that it was unable to being him again, returned him the U.S. final week to face a two-count indictment alleging that, whereas dwelling together with his spouse and kids in Maryland, he participated in a yearslong conspiracy to haul undocumented migrants from Texas to the inside of the nation.
Along with arguing that Abrego Garcia represents a flight danger, the federal government contends that Abrego-Garcia’s alleged MS-13 ties put him prone to trying to impede justice or intimidate potential witnesses in opposition to him, together with his alleged co-conspirators.
“The USA would submit that at the very least one co-conspirator has described that the Defendant has beforehand used his membership in MS-13 not simply to facilitate his criminality within the smuggling conspiracy but in addition to intimidate others within the conspiracy who tried to confront him concerning the therapy of feminine smuggling victims and his smuggling of firearms and medicines which added to the conspiracy’s danger of detection and weren’t a purpose of the general conspiracy,” the federal government’s Monday submitting stated.
In response, attorneys for Abrego Garcia stated in a submitting Wednesday that the Trump administration’s arguments for a detention listening to are meritless.
“It must also come as no shock that the federal government has not cited a single case holding {that a} generic alien-smuggling cost supplies grounds for a detention listening to,” Abrego Garcia’s attorneys stated. “This case shouldn’t be the primary.”
Abrego Garcia’s attorneys additionally argued within the submitting that their consumer just isn’t a flight danger, and stated that the federal government “factors to zero info” suggesting Abrego Garcia has a historical past of evading arrest, has any prior restrictions, or has “systematically engaged in worldwide journey within the current previous.”
The attorneys additionally argued that there isn’t any “severe danger” Abrego Garcia will impede justice, arguing that the federal government’s “baseless gang-affiliation allegations” don’t assist a discovering that he poses a “severe danger” of obstructive habits.
“(The) authorities just isn’t entitled to hunt detention on this case, Mr. Abrego Garcia respectfully asks the Court docket to disclaim the federal government’s movement for detention,” the attorneys stated.
