U.S. Federal Courts Issue Conflicting Rulings Over Kilmar Abrego Garcia’s Detention, Trial, and Deportation

On Wednesday, a U.S. District Judge Paula Xinis ruled that federal immigration authorities are barred from immediately taking Kilmar Abrego Garcia into custody upon his release from criminal confinement in Tennessee. Judge Xinis ordered the Trump administration to provide 72 hours advance notice before initiating deportation proceedings to a country other than Abrego Garcia's country of origin.

The order came as Tennessee federal Judge Waverly Crenshaw presiding over Abrego Garcia's criminal case denied the Justice Department's request to revoke an order allowing him release while awaiting trial. Crenshaw stated the government failed to prove no conditions could assure Abrego Garcia's appearance or public safety. However, Abrego Garcia will not be released immediately because the magistrate judge overseeing his case granted the defense's request to delay release by 30 days, keeping him in U.S. Marshals custody for now.

Simon Sandoval-Moshenberg, attorney for Abrego Garcia, called these court rulings a "powerful rebuke of the government's lawless conduct and a critical safeguard for Kilmar's due process rights." He noted that a federal judge barred ICE from re-detaining Abrego Garcia immediately and ordered advance notice for any future deportation attempts after Abrego Garcia was unlawfully deported once without warning.

Tricia McLaughlin, Department of Homeland Security spokesperson, criticized Judge Xinis' decision, stating it limits the Trump administration's ability to swiftly remove Abrego Garcia from the U.S. This legal development follows prior detention and deportation actions involving the Salvadoran national pending his criminal trial in Tennessee.

On Wednesday, U.S. Magistrate Judge Barbara Holmes in the Middle District of Tennessee ordered that Kilmar Abrego Garcia's release from federal custody be paused for 30 days or until further court order. This order followed back-to-back rulings from U.S. District Judge Waverly Crenshaw in Nashville, Tennessee, and Judge Paula Xinis in Maryland, which had ordered Abrego's release and blocked his detention by immigration authorities in Tennessee. The pause, requested by both parties, allows the government the opportunity to appeal and Abrego's legal team a chance to seek further relief. Judge Holmes stated that Abrego shall remain in the custody of the United States Marshal pending further order. Kilmar Abrego Garcia was mistakenly deported in March to El Salvador before being brought back to the U.S. to face human smuggling charges. Judge Crenshaw denied the Trump administration’s motion to block Abrego’s release, stating that the government failed to provide any evidence justifying his detention.

Kilmar Ábrego García, a Maryland resident erroneously deported to El Salvador in March, is facing human smuggling charges in Nashville, Tennessee. His case has become a focal point of the Trump administration's immigration crackdown, raising concerns over due process violations. On April 9, 2025, multiple rulings by federal judges addressed his detention and potential deportation ahead of trial. U.S. District Judge Waverly D. Crenshaw denied a motion from the Trump administration seeking to block Abrego Garcia's release, stating the government failed to show by clear and convincing evidence that he posed a danger to the community. Crenshaw's 37-page ruling found the government's citations insufficient to justify detention. However, U.S. Magistrate Judge Barbara Holmes ordered that Abrego Garcia's release from federal custody be paused for 30 days or until further order, meaning he remains in U.S. Marshal custody during that time. This pause, requested by both parties, allows the government to appeal and Abrego's legal team to seek further relief. Separately, U.S. District Judge Paula Xinis, overseeing a civil case related to his wrongful deportation, barred the administration from detaining or deporting Abrego Garcia without restoring his prior immigration status and ensuring due process. Abrego's attorneys have also requested that the court order the Trump administration to cease extrajudicial statements after Homeland Security Secretary Kristi Noem called him a "horrible human being" and a "monster" who should "never be released." Noem accused him of a lifetime history of trafficking, exploiting minors, soliciting pornography, and abuse. Abrego's legal counsel argued these statements by a cabinet secretary violate court rules and threaten his right to a fair trial. The series of rulings collectively suspend immediate deportation efforts, question the government's detention rationale, and seek to protect Abrego Garcia's legal rights as he awaits trial on human smuggling charges in Tennessee.

Kilmar Abrego Garcia, facing criminal charges in Tennessee for allegedly transporting undocumented migrants, will first go to trial before any potential deportation takes place. The U.S. Department of Justice revealed that the Trump administration is planning to deport Garcia, but insists this will occur only after his trial, and to a third country, not his native El Salvador. At a recent scheduling conference held in Maryland, U.S. District Judge Paula Xinis was informed by government attorney Jonathan Guynn about these plans. Garcia’s attorneys filed an emergency motion requesting he be returned to Maryland, where he has been living with his wife and children, and asking the court to prevent the government from deporting or transferring him outside of Maryland. Judge Xinis has indicated she will not make a decision on this matter by the Friday deadline when the parties are expected to file their briefs regarding Garcia's potential release on bond. This legal maneuvering follows Garcia's deportation to El Salvador in March, despite previously issued court orders against his deportation due to risks of persecution. Garcia was recently brought back to the U.S. to face the charges, to which he has pleaded not guilty. The outcome of this trial and the government's actions could have significant implications for immigration policy and Garcia's family.

An official from U.S. Immigration and Customs Enforcement (ICE), Thomas Giles, Assistant Director for ICE's Enforcement and Removal Operations in Los Angeles, testified about the deportation process potentially faced by Kilmar Abrego Garcia, a Salvadoran national charged with human smuggling in Tennessee. Giles revealed that he had no prior involvement with Abrego Garcia's case until being called to testify at 7:47 a.m. ET on a recent Tuesday and had only been given a brief executive summary and a few hours of preparation with Department of Justice attorneys. During his testimony, Giles provided detailed descriptions of ICE's alien removal process and appeals procedures but was unable to specify exact outcomes for Abrego Garcia. He stressed that ICE focuses on cases where individuals are already in custody, and does not proactively work on cases without custody due to limited resources. When asked about the possibility of Abrego Garcia being deported to a third country such as Mexico, Giles stated that decisions would only be made when the individual is in ICE custody and depend on available detention space. He acknowledged that sending someone to a country where they hold no citizenship or connection is highly unusual. Furthermore, he noted that detainees have the right to contest deportation by claiming fear of persecution or harm. The testimony was given in the context of Abrego Garcia's ongoing legal proceedings in Tennessee, where his fate remains uncertain. This testimony highlights the complexity and resource constraints within the ICE deportation process and sheds light on the challenges faced by detainees like Abrego Garcia who may face removal to countries with which they have little connection.

Kilmar Ábrego García, a 29-year-old Salvadoran man and father of three children with disabilities, has been returned to the United States to face federal charges related to human trafficking. Ábrego García initially entered the U.S. irregularly around 2011 as a teenager, fleeing gang violence in El Salvador, according to his family. In 2019, an immigration court suspended his deportation, ruling that he could not be returned to El Salvador due to credible threats from local gangs targeting him and his family. Despite this ruling, the Trump administration deported him to El Salvador on March 15, 2021, an action later admitted to be an administrative error. The case became a focal point of political tensions over U.S. deportation policies.

On June 6, 2021, U.S. Attorney General Pam Bondi confirmed Ábrego García's return to the U.S. to face criminal charges. A federal grand jury has accused him of involvement in a smuggling network and an operation to illegally bring members of the MS-13 gang into the U.S. Bondi stated that Ábrego García trafficked men, women, and children, and the U.S. secured an arrest warrant from El Salvador, which was accepted. If convicted, he will serve his sentence in the U.S. before being deported back to El Salvador.

Ábrego García's case gained notoriety as the U.S. government acknowledged its deportation error. Despite lacking evidence, the Trump administration accused him of ties to MS-13, a claim denied by his lawyers and family. A 2022 traffic stop video, showing Ábrego García driving a vehicle with eight undocumented migrants, was cited as alleged proof of his criminal activities, though no charges were filed until May 21, 2021.

His return followed legal battles, with courts ordering the U.S. government to facilitate his repatriation. Ábrego García's lawyer, Andrew Rossman, emphasized the need for due process. The case highlights broader issues in U.S. immigration enforcement and the human impact of deportation policies.

Kilmar Abrego Garcia, a 29-year-old Salvadoran man, has returned to the United States from El Salvador after being wrongfully deported during the Trump administration. He is set to face federal charges related to human smuggling, which occurred in 2022. Following his return, Abrego Garcia was placed in federal custody and is currently waiting for a court hearing to determine the conditions of his release. This hearing took place on June 25, 2025, and was held in Nashville, Tennessee, where a magistrate judge will decide on his release conditions and whether he can be transferred to an ICE detention facility.

At the hearing, it was agreed that he could be released to home detention in Maryland but would need to wear an ankle monitor and could only travel for court appearances. However, concerns were raised about ensuring cooperation between the Justice Department and the Department of Homeland Security for his transportation to court while in ICE custody. Also, he has been banned from contacting gang members, as he has been accused by the Trump administration of being affiliated with MS13, which he denies. Despite possible terms for release, once Abrego Garcia is released, he is likely to be detained again under immigration proceedings, casting doubt on how soon he might return home. A judge is expected to issue a ruling on the release after further briefs have been submitted, with deadlines set for Thursday and Friday for the legal teams involved.