The Justice Department freed a convicted smuggler to secure testimony against a wrongly deported father, prompting legal challenges and fears the father could be sent to a third country.
At a Glance
- The DOJ released Jose Ramon Hernandez Reyes from federal prison to testify against Kilmar Abrego Garcia.
- Abrego Garcia was mistakenly deported to El Salvador before the U.S. Supreme Court ordered his return.
- Hernandez Reyes has prior convictions for migrant smuggling, illegal reentry, and a firearms offense.
- \Abrego Garcia’s lawyers have highlighted conflicting government assurances on his custody and potential re-deportation.\
- A July 16 hearing will decide if Abrego Garcia remains jailed ahead of his migrant-smuggling trial.
Felon Freed for Key Testimony
According to Reuters, the DOJ released Jose Ramon Hernandez Reyes—serving time for migrant smuggling, illegal reentry, and a firearms conviction—in late June in exchange for at least a year’s stay in the U.S. to testify against Kilmar Abrego Garcia. Critics argue the swap risks public safety and undermines confidence in the federal witness process.
Watch a report: Star witness freed in Abrego Garcia case
Conflicting Custody and Deportation Orders
Kilmar Abrego Garcia had been deported to El Salvador in March despite a 2019 court order protecting him from removal, only to be flown back after the U.S. Supreme Court upheld a return directive in April. The Department of Homeland Security now insists he will never “go free on American soil,” while DOJ lawyers tell courts they still plan to prosecute him before any renewed deportation.
Meanwhile, Al Jazeera reports that prosecutors are preparing to send Abrego Garcia to a third country upon any potential release, deepening legal uncertainty.
Stakes and Next Steps
Charged with leading a migrant-smuggling ring that allegedly transported nine undocumented migrants, Abrego Garcia has pleaded not guilty and faces up to 20 years in prison if convicted. His attorneys have urged a federal judge in Nashville to delay any release, citing “contradictory statements” by DOJ and ICE over his fate.
With a July 16 hearing set to determine his pretrial custody, the courts must now navigate the tension between due-process protections and a headline-grabbing prosecution, while the specter of a third-country deportation looms over the case.
