In a controversial move that has stirred debate among legal experts and immigrant rights advocates, the Trump administration has released a convicted felon, Jose Ramon Hernandez Reyes, from federal custody in exchange for his testimony in a high-profile smuggling case. According to The Washington Post, Hernandez is now the government’s central witness in its prosecution of Kilmar Abrego García, a Maryland resident who was mistakenly deported earlier this year.

Hernandez, 38, has a history of serious offenses, including repeated illegal reentry into the United States, cocaine possession, and a 2022 felony conviction for firing a handgun while intoxicated in a Texas neighborhood. Despite facing what would have been his sixth deportation, Hernandez has been moved to a halfway house and granted legal permission to remain in the US for at least a year. Homeland Security Investigations special agent Peter Joseph confirmed at a June 13 hearing that Hernandez is also expected to receive a work permit.

“This is just further evidence of how the government is using Kilmar’s case to further their propaganda and prove their political point,” said Lisa Sherman Luna, executive director of the Tennessee Immigrant and Refugee Rights Coalition, in an interview for The Washington Post.

Hernandez's role in the prosecution

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Hernandez owns the SUV allegedly involved in a 2022 migrant smuggling operation that is at the center of the federal case against Abrego. Prosecutors have named him as their “first cooperator", and his testimony formed the basis of a May grand jury indictment filed shortly after Abrego’s controversial deportation and weeks before his forced repatriation.

Abrego, who crossed into the US in 2011, fleeing gang threats in El Salvador, was mistakenly deported to the country's notorious Terrorism Confinement Center in March. The Supreme Court intervened in April, ordering his return. Despite that order, federal officials delayed his repatriation until after the indictment, raising concerns about the government’s conduct in the case.

Legal, ethical, and human rights concerns

Hernandez, who has at least three felony convictions, has been labeled a “snitch” by Abrego’s defense team. Legal observers noted his possible motivation to avoid being sent to the same prison in El Salvador where Abrego was detained, a facility known for its harsh conditions and alleged human rights violations.

Hernandez’s criminal record dates back to 2015 and includes arrests for public drunkenness, smuggling, and reentry after removal. In 2022, he was arrested for firing a handgun from a moving vehicle and sentenced to two years in prison. Upon nearing the end of a separate 30-month sentence for illegal reentry, Hernandez was approached by investigators and agreed to cooperate.

Judge Barbara D. Holmes, who presided over Abrego’s June 22 hearing, ruled that he should be released from custody, citing the unreliability of testimony from witnesses like Hernandez, whose cooperation is linked to their immigration status. The ruling emphasized concerns over the credibility of a witness facing deportation and seeking legal benefits in return for testimony.

Adding to the confusion, federal officials have given conflicting statements about Abrego’s status. While some sources in the Justice Department and White House said Abrego will remain in the country to face trial, a government attorney separately told a Maryland judge that immigration authorities are considering deportation to a third country.

Abrego’s attorneys highlighted these contradictions, calling on the court to maintain his criminal custody until a scheduled hearing on July 16, where his legal status is expected to be clarified.