A federal judge just handed a sharp rebuke to Trump administration officials Stephen Miller and Department of Homeland Security Secretary Kristi Noem over their attacks on Kilmar Abrego Garcia, a man they’ve painted as a violent criminal.
In a scathing 51-page ruling, District Court Judge Holmes tore apart the government’s claims that Abrego Garcia is tied to the notorious MS-13 gang. “The evidence… consists of general statements, all double hearsay,” she wrote. She made it clear: there’s no solid proof.
Holmes directly rejected the idea that Abrego Garcia is a danger to the public. “The Court does not find that these circumstances… compel a determination that Abrego poses a risk of danger to the community or has the proclivity and incentive to flee rather than face prosecution,” she said.
This is a big blow to the narrative pushed by Miller and Noem.
Stephen Miller went on Fox News claiming Abrego Garcia was “an illegal alien terrorist” who had committed “some of the most heinous crimes I’ve ever read about.” Kristi Noem called him “a very dangerous person.”
But Holmes made it clear: Abrego Garcia “has no criminal history” and “is entitled to a full and fair determination of whether he must remain in federal custody pending trial.” She added, “The Court will give Abrego the due process that he is guaranteed.”
Abrego Garcia is accused of human smuggling and has pleaded not guilty. The Trump administration had previously deported him by mistake. The Supreme Court had to order his return to the U.S.
Despite Judge Holmes ruling that Abrego Garcia should be released while he awaits trial, the government filed an immediate appeal. Now, he’s back in ICE custody.
Holmes didn’t hide her frustration. “That suggests the Court’s determination of the detention issues is little more than an academic exercise,” she wrote.
The legal fight isn’t over. Another hearing is set for Wednesday to decide the terms of his release.
But the message from Judge Holmes is loud and clear: political smears don’t stand up in her courtroom.
