Judge rejects government's claims of gang affiliation for Kilmar Abrego Garcia

In the United States, Kilmar Abrego Garcia was ordered to be released before his trial on June 22, 2025, after a judge found the evidence presented by the government regarding his alleged affiliation with the MS-13 gang to be lacking. The case began when Abrego Garcia was returned to the U.S. after being unlawfully deported to El Salvador in March 2025. The Justice Department attempted to justify his detention by claiming he had a long history with MS-13; however, the evidence presented was primarily hearsay from cooperating witnesses and was contradicted by another witness testifying about their acquaintance with Abrego Garcia over ten years. This witness noted a lack of any indicators, such as tattoos, which would typically suggest gang membership. Judge Holmes highlighted the insufficiency of the government's evidence, stating that it was based on general statements that did not conclusively prove his gang affiliation. While Abrego Garcia faced allegations of smuggling undocumented immigrants, these charges were separate from the gang-related claims. Although he was ordered released, there remains a possibility that he may still be detained by Immigration and Customs Enforcement (ICE) after his release from criminal custody. This legal battle illustrates the complexities of how the government is handling cases involving immigration status and alleged gang involvement, raising questions about due process and the adequate proof required to substantiate serious allegations like gang membership. As the case continues, the implications of these events could affect Abrego Garcia's upcoming trial and his future immigration status, shedding light on the contentious relationship between law enforcement and immigrant communities in the current legal climate.