Fact Check: Judge Rules DOJ Failed to Prove Kilmar Abrego Garcia is a Danger
What We Know
On June 22, 2025, U.S. Magistrate Judge Barbara D. Holmes ruled that Kilmar Abrego García, a Maryland resident who was wrongfully deported to El Salvador, is eligible for release from criminal custody. The judge stated that the government failed to demonstrate that García poses a danger to the community or is a flight risk, criticizing the evidence presented as problematic and lacking credibility (Washington Post source-1).
Judge Holmes highlighted that much of the government's case relied on "double hearsay" and did not substantiate claims of García's alleged membership in the MS-13 gang, noting that he has no reported criminal history (New York Times source-2). The judge also pointed out that the testimonies of cooperating witnesses were questionable, as they had serious criminal backgrounds and were seeking leniency in their own cases (NPR source-4).
Analysis
The ruling by Judge Holmes represents a significant judicial evaluation of the government's claims against García, particularly in the context of his wrongful deportation and subsequent return to the U.S. The judge's decision reflects a thorough examination of the evidence, which she deemed insufficient to justify continued detention. The government had argued that García was a danger due to his alleged involvement with MS-13 and smuggling operations; however, the judge found that the evidence did not support these claims convincingly (Los Angeles Times source-7).
Moreover, the judge's skepticism about the reliability of the testimonies provided by government witnesses is critical. She noted that some witnesses had motives to provide false information, as they were seeking to avoid deportation or reduced sentences for their own crimes (CNN source-8). This raises questions about the integrity of the government's case and its reliance on potentially biased testimonies.
The ruling is also significant in the broader context of immigration enforcement under the Trump administration, which has been characterized by aggressive policies and deportations. The judge's decision serves as a counterpoint to the administration's narrative that García is a violent criminal, instead emphasizing the need for due process and the presumption of innocence (Wikipedia source-3).
Conclusion
Verdict: True
The claim that a judge ruled the DOJ failed to prove Kilmar Abrego García is a danger is accurate. Judge Holmes explicitly stated that the government did not meet its burden of proof regarding García's alleged danger to the community or his status as a flight risk. The ruling was based on a critical analysis of the evidence, which the judge found lacking in credibility and reliability.
Sources
- Judge says government 'failed' to prove wrongly deported man poses a danger
- Judge Orders Abrego Garcia Released on Smuggling Charges Before Trial ...
- Deportation of Kilmar Abrego Garcia
- Federal judge says Abrego Garcia can be released on bail.
- Judge orders Abrego Garcia's release, but ICE likely to detain him ...
- Judge says Justice Department failed to make case for ...
