At times, the judge strongly questioned whether the Justice Department had even met bottom-rung criteria to try to claim he even deserved to withstand arguments he should be detained.

A federal grand jury in Nashville indicted Abrego Garcia on May 21 on charges that he was part of a conspiracy to transport undocumented migrants for financial gain.

Jennifer Abrego Garcia, wife of Kilmar Abrego Garcia, prays with supporters before her husband’s arraignment at Fred Thompson Federal Courthouse in Nashville, Tenn., Friday, June 13, 2025.

“The executive branch’s wanton disregard for the judicial branch has left a stain on the Constitution,” the attorneys wrote.

Kilmar Abrego Garcia pleaded not guilty to federal charges of migrant smuggling on Friday.

Prosecutors, who allege he is a member of the gang MS-13, a designated terrorist organization, argued he could flee or intimidate witnesses if released.