Calling it a “new low” in activist judges obstructing federal law enforcement, Homeland Security Secretary Kristi Noem slammed Friday’s ruling that set free Kilmar Abrego Garcia.
Abrego Garcia, an illegal immigrant the federal government alleges is an MS-13 gang member, walked out of a jail in Tennessee while awaiting trial on human smuggling charges.
U.S. Magistrate Judge Barbara Holmes issued a release order for Abrego Garcia earlier Friday, requiring Abrego Garcia to travel directly to Maryland, where he will be in home detention with his brother designated as his custodian. He is required to submit to electronic monitoring and can only leave the home for work, religious services and other approved activities.
The judge ordered Abrego Garcia to report by phone to pretrial services for the District of Maryland by Monday at 10 a.m., ABC News reported. Abrego Garcia is being ferried back to Maryland by a private security company hired by his attorneys.
"Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country,” Noem said in the statement.
U.S. District Judge Paula Xinis ruled last month that Abrego Garcia was to be released and restored to Immigration and Customs Enforcement supervision back at his home in Maryland.
Noem added, "Today, we reached a new low with this publicity hungry Maryland judge mandating this illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator be allowed free."
Despite Xinis’ ruling last month ordering his pretrial release, Abrego Garcia remained in the Putnam County, Tennessee, jail at the request of his attorneys, who feared federal authorities might try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case, which requires immigration officials to allow Abrego Garcia time to mount a challenge to any deportation order.
“By ordering this monster loose on America’s streets, this judge has shown a complete disregard for the safety of the American people,” Noem said.
Abrego Garcia has pleaded not guilty to the smuggling charges, which stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows there were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was released with only a warning.
Information from the Associated Press was used in this report.
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.