The federal trial for Kilmar Abrego Garcia is underway in Tennessee. Abrego Garcia was mistakenly deported to El Salvador in March and was returned to the U.S. in June. He is being prosecuted on human smuggling charges, and while he may be released from federal custody, ICE can arrest him upon his release.

Tennessee

Kilmar Abrego Garcia appeared in federal court in Tennessee on human smuggling charges after being mistakenly deported to El Salvador and later returned to the United States under a Supreme Court order. The presiding judge stated that federal prosecutors did not prove Garcia was a danger to society or a flight risk, suggesting he should be released from federal custody while awaiting trial.

Despite the judge's position, Immigration and Customs Enforcement (ICE) is expected to detain Garcia upon his release, as he is alleged to be in the country illegally. The case highlights the intersection between criminal and immigration proceedings, with ICE and federal authorities taking a firm stance on detaining individuals accused of immigration violations, regardless of the outcome in criminal court.

Kilmar Abrego Garcia appears in federal court

Now, Kilmar Abrego-Garcia in federal court in Tennessee. Garcia, who pleaded not guilty to human smuggling charges, was deported to El Salvador back in March. He was returned back to the United States in June under a Supreme Court order, and now a judge is working to release him from federal custody, but ICE could arrest him as soon as he is released. Joining us right now is Attorney Dante Mills to break this all down. We expect that to happen. Any different that you believe could happen, Dante? No, I think that's what's going to happen. The judge in this case said he does not see a reason to have Abrego-Garcia detained through his trial. And just so we understand what happens, you're charged with something, and then you go for a detention hearing to see if you can be given a bail or a bond, depending on what the circumstance is. The reasoning for society or the likelihood that you'll actually come back to face the charges. The judge in this case said that the federal prosecutors did not prove that Abrego-Garcia was a danger to society, and that he believed he would, in fact, come back to court to face these charges. So there was no reason to hold him in jail until these charges happened. I think that's what's going to continue today. They'll set the conditions of his release, and we'll see then if the government, through ICE, detains him afterwards, just so he won't be able to go home to see his family. OK, so we know that ICE is there. There are pictures of Homeland Security vehicles outside the courtroom. We expect them to be at this hearing. However, Kilmar-Abrego-Garcia is in the country illegally. At least that is what the government is alleging, and that is what ICE is saying, and that is why they will apprehend him upon his release from federal custody, or at least out on bond or however you want to dictate and call it. He's not to be in custody until he goes back for trial here. Is that usually what happens? When someone, we've seen this in other cases, is here illegally, goes into the custody of ICE? No, it's not. So what happens generally is, if someone is picked up, they have a hearing, and if it's determined they're not going to be detained, then they're released. And they have to show up on their own back in court, and if they do, they're processed through the court system and stand for trial. If they don't show up, then a warrant can be issued. But in this particular case, we understand that this is about—it's a battle bigger than Abrego-Garcia. The administration is using him as the face for saying, we are going to deport people who are here illegally no matter what, and we're going to make sure that they are detained, they don't get to walk around our country freely. They're using this case as a test case to see how far they can go with that. We'll see what happens once they decide that a judge says he can go home, but then ICE steps in anyway. I don't want us to feel like this is normal, because it's not. Both sides are kind of taking a hard stance. We'll see who wins in the end. I don't know if there will be any winner. But I think what's going to happen is the judge will say, I've decided he's not dangerous, he can be released. But ICE and the government will say, well, we're going to detain him through this purposes for ICE, despite the fact that a judge says permanently he can be released, because we want to make a stand and let people know that we're not going to have people walking around our country illegally. I want to ask you a question here, because there's three cases that Kilmar Gregor Garcia is involved in. There's the one that's in Maryland, the federal case down in Tennessee, and obviously the immigration case. This federal judge in Tennessee does not supersede authority over the immigration authorities? That's correct. The immigration system is a completely different system. He was in front of that system, and the judge said that he could be sent away. But the criminal court in this judge in Tennessee is deciding whether or not, with the charge of criminal charges he's facing, what his conditions should be for release for those charges. He's not speaking on the immigration. We'll see what happens with ICE there in the courtroom. Thank you so much, Dante, for the update. The hearing just started minutes ago, so we don't have an update as soon as we do. We'll bring that to you.

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