Kilmar Abrego Garcia, a man who has been at the center of a legal and political controversy, has just won an important court decision, but things are still very complicated.
Garcia was originally sent back to El Salvador in March, even though it turns out that was a mistake by U.S. immigration authorities. The Trump administration claims Garcia is part of the dangerous MS-13 gang, something he and his family deny. While in a harsh prison in El Salvador, U.S. Senator Chris Van Hollen visited him, bringing more public attention to the case.
Garcia had originally come to the U.S. illegally as a teenager, but a judge once ruled he could stay because he might face danger from gangs in his home country. Still, he was later accused of being part of a human trafficking group, and in June he was brought back to the U.S. to face those charges. He pleaded not guilty, and his lawyers say the government is abusing its power.
A judge recently ruled Garcia should be released on bail because she didn’t believe he would run away or be a danger to the public. A higher judge agreed. But then, in a surprising twist, Garcia’s own legal team asked the court to keep him in jail for now. Why? Because they’re afraid that if he walks out, immigration officials will deport him again—possibly even to a third country. His lawyers say the Justice Department has given mixed messages: one day saying he would go to trial in the U.S., and the same day saying he might be deported.
His legal team says they can’t trust anything the government is saying, so they want him to stay in jail at least until July 16, when the court will discuss whether he should stay locked up before trial.
The human trafficking charges stem from a 2022 incident where Garcia was pulled over for speeding in Tennessee. Police say they found nine people in his car without any bags, which raised red flags. The government claims he helped smuggle people from Texas to other parts of the U.S. between 2016 and 2025. He denies any involvement.
A Department of Homeland Security official called Garcia a dangerous criminal and said he would never be free in the U.S. again. Meanwhile, Garcia’s lawyers are saying that the government’s conflicting actions and statements are making it impossible to trust what will really happen next.
For now, Garcia remains in jail—not because the court demanded it, but because his own lawyers think it’s the safest option to keep him from being secretly deported before his trial begins.
