Salvadoran migrant Kilmar Abrego Garcia was released from federal custody Friday in Tennessee and is expected to reunite with his family in Maryland, although his legal battles are far from over.
Abrego Garcia, who faces charges for transporting illegal immigrants in the U.S., will remain under the supervision of his brother. The charges trace back to a 2022 traffic stop, though court filings later revealed that the investigation began while he was imprisoned in El Salvador, raising questions about the methods used.
U.S. Magistrate Judge Barbara Holmes issued an order in the Middle District of Tennessee setting the conditions of Abrego Garcia’s release, placing him in his brother’s custody as a third-party custodian ahead of trial. He is required to wear an electronic monitoring device, check in with Pretrial Services in Maryland, and report there no later than 10 a.m. on Aug. 25.
“Thereafter, Abrego must remain in the custody of his brother as the designated third-party custodian and comply with all conditions of pretrial release,” Holmes wrote in her order.
The decision prompted strong reactions from some Trump officials. DHS Secretary Kristi Noem condemned the release as the work of “activist liberal judges” who have “attempted to obstruct” law enforcement.
“We will not stop fighting till this Salvadoran man faces justice and is OUT of our country,” she said.
Fox News sources indicated that neither DHS nor ICE had “immediate plans” to detain Abrego Garcia on immigration grounds, given the federal judge’s conditions in Maryland.
Nevertheless, the detailed release terms issued by federal courts in Tennessee and Maryland have reportedly frustrated staff at both agencies. DOJ guidance is being sought, but next steps remain unclear.
Justice Department attorneys had strongly opposed Abrego Garcia’s release, arguing during an evidentiary hearing earlier this year that he posed a danger to the community. However, Judges Holmes and Waverly Crenshaw Jr. of Tennessee both determined he was eligible for pretrial release. Crenshaw stated that the DOJ “fails to provide any evidence that there is something in Abrego’s history, or his exhibited characteristics, that warrants detention.”
Holmes had temporarily stayed Abrego Garcia’s release in July for 30 days at the request of his attorneys, who feared ICE would detain him immediately and initiate removal proceedings to a third country.
In July, DOJ officials told U.S. District Judge Paula Xinis in Maryland that they intended to place Abrego Garcia in ICE custody upon release from U.S. Marshal custody in Tennessee and deport him to a third country, regardless of his criminal case status.
“There’s no intention to just put him in limbo in ICE custody while we wait for the criminal case to unfold,” a DOJ attorney said.
Judge Xinis subsequently blocked ICE from immediately deporting Abrego Garcia, ensuring he would have a 72-hour notice period to consult with attorneys or challenge removal to a third country. Xinis has overseen the separate civil case brought by his family since March.
Abrego Garcia was deported to El Salvador in March in violation of a 2019 court order, which Trump administration officials later admitted was an “administrative error.” He had lived in Maryland with his wife and child for over a decade before authorities sent him to a maximum-security prison in El Salvador.
Trump officials have repeatedly accused Abrego Garcia of being a dangerous MS-13 gang member, an allegation Judge Crenshaw called “fanciful.”
Earlier this week, Abrego Garcia’s attorneys filed a motion to dismiss his criminal case, arguing that the Trump administration’s prosecution is “vindictive” and selective. They acknowledged that such motions are “infrequently made and rarely succeed” but maintained that this case presents a clear example for dismissal.
