Federal prosecutors on Monday submitted a legal filing in the criminal case against Kilmar Abrego Garcia, the citizen of El Salvador now accused of participating in a human smuggling ring for nearly a decade, which argues there are no reasonable bail conditions which would ensure the defendant will return to court for his trial.
The filing argues that Abrego Garcia should be detained in DOJ custody while awaiting trial because the allegations against him involve the children he allegedly smuggled over nine years, and claimed the attorneys representing Abrego Garcia have requested the court to analyze the case in such a manner that would set a precedent which hamstrings prosecutors in future cases.
Prosecutors further argued that Federal Magistrate Barbara Holmes, who denied a detention hearing for Abrego Garcia last month, erred when she dismissed the testimony of a Homeland Security Investigations (HSI) agent who interviewed his alleged criminal associates and victims, and admonished Holmes for expecting to hear from cooperating witnesses at an early hearing.
They also repeated their claim to have identified at least two instances of Abrego Garcia smuggling children, including a woman who told investigators she was 15-years-old when Abrego Garcia, then about 25, engaged her in a “sexualized relationship,” and pressured her to send him “child pornography” through the social media website, Snapchat.
Abrego Garcia has characterized the woman’s claims as untrustworthy, noting that the woman is hoping to maintain legal status within the country in exchange for her cooperation in the case against Abrego Garcia.
The prosecutors concluded their filing, “As the Government intends to once again show during the hearing scheduled for July 16, 2025, the evidence shows that there is no set of bail conditions that can reasonably assure the safety of the community or the defendant’s appearance in court.”
Acting U.S. Attorney Robert E. McGuire submitted it. Notably, it included three attorneys with the DOJ’s Task Force Vulcan, which was established by President Donald Trump in 2019 to prosecute crimes related to illegal immigrant gangs, including Mara Salvatrucha (MS-13), which was designated a foreign terrorist organization early in Trump’s second term in office.
Despite his denials, Abrego Garcia has faced repeated accusations of association with MS-13 since he was detained in Maryland in 2019, when he was reportedly in the presence of MS-13 members, and wearing a hat associated with a specific branch of the criminal organization.
Prosecutors have additionally said that Abrego Garcia’s alleged co-conspirators will testify about his membership in MS-13 at trial.
Trump has also posted to social media an image of Abrego Garcia’s knuckle tattoos, which depict a marijuana leaf, a smiley face, a cross, and a skull, which the president said represent MS-13.
This is the hand of the man that the Democrats feel should be brought back to the United States, because he is such “a fine and innocent person.” They said he is not a member of MS-13, even though he’s got MS-13 tattooed onto his knuckles, and two Highly Respected Courts found… pic.twitter.com/31sNr2k1SK
— Donald J. Trump (@realDonaldTrump) April 18, 2025
U.S. District Judge Waverly Crenshaw will determine on Wednesday whether to rescind the decision by Holmes to deny prosecutors a detention hearing for Abrego Garcia. Holmes previously stayed her decision after it was revealed that Abrego Garcia could be deported if released from DOJ custody, as he is currently subject to a U.S. Immigration and Customs Enforcement (ICE) detainer, allowing his immediate arrest by immigration authorities.
Anticipating his possible release from DOJ custody, Abrego Garcia’s immigration attorneys in Maryland have asked U.S. District Court Judge Paula Xinis to issue a ruling that would compel ICE to house Abrego Garcia in Maryland.
The Tennessee Star was the first outlet to report that Abrego Garcia was stopped by the Tennessee Highway Patrol (THP) in November 2022. Authorities have since informed The Star that Abrego Garcia was released at the instruction of the “Biden-era FBI.” The release came despite troopers’ suspicion that he was engaged in human trafficking.
Abrego Garcia was returned to Tennessee to face human smuggling charges on June 6. He has pleaded not guilty.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
