Kilmar Abrego Garcia, a Salvadoran national at the center of a yearslong legal saga, won two significant court victories this week that could eventually lead to his release from both federal criminal custody and immigration detention. However, his freedom remains delayed — for now.
On Wednesday, federal judges in two separate jurisdictions — Tennessee and Maryland — issued rulings in Abrego Garcia’s favor, pushing back on government efforts to detain and potentially deport him a second time.
Federal Judge Rejects Government’s Attempt to Revoke Release
U.S. District Judge Waverly Crenshaw, Jr., sitting in Nashville and appointed by President Obama, issued a 37-page opinion denying the Trump administration’s motion to overturn a June court order that had cleared the way for Abrego Garcia’s release from criminal custody.
In his ruling, Judge Crenshaw emphasized themes of liberty and fairness, ultimately finding that while the government had provided enough grounds to justify holding a detention hearing, it failed to demonstrate that Abrego Garcia posed either a danger to the public or a flight risk.
“The Government has presented no evidence that Abrego has failed to appear for court proceedings in the past… or that he has otherwise ever shown a pattern of disrespect for the law,” Crenshaw wrote. “Nor has the Government presented evidence that Abrego has the financial means to finance flight, even if he wanted to.”
Crenshaw referred decisions about the timing of Abrego Garcia’s release to a magistrate judge.
Separate Judge Bars Immediate ICE Detention or Deportation
Meanwhile, in Maryland, U.S. District Judge Paula Xinis, a Biden appointee, issued an 18-page order barring federal immigration authorities from detaining Abrego Garcia once he is released in Tennessee.
Instead, Judge Xinis instructed Immigration and Customs Enforcement (ICE) to place him under supervised release in Baltimore, where prior immigration proceedings had taken place before his earlier deportation to El Salvador under the Trump administration.
“The requested relief is necessary to preserve this Court’s jurisdiction and to ensure that Abrego Garcia receives the full injunctive relief previously ordered… and consistent with the United States Supreme Court’s mandate,” Xinis wrote.
Additionally, the judge required that the government provide at least 72 hours’ notice before any future attempt to deport him.
A Delayed Release
Despite these legal victories, Abrego Garcia will remain in custody for at least another month. Over the weekend, his attorneys filed a motion requesting a 30-day delay in the issuance of any release order. The motion notes that Department of Homeland Security officials had indicated they would initiate removal proceedings immediately if he were released from criminal custody.
“Given the uncertainty of the outcome of any removal proceedings,” the motion states, “Mr. Abrego respectfully requests… the issuance of an order releasing Mr. Abrego be delayed for 30 days to allow [him] to evaluate his options.”
Judge Crenshaw approved the request, forwarding it to his magistrate judge, who granted the stay.
Abrego Garcia, previously residing in Maryland, was deported to El Salvador during the Trump administration. His attorneys have fought to undo that deportation, arguing it was improper. After the U.S. Supreme Court ruled that his case should be treated as though the deportation never occurred, litigation resumed in both immigration and criminal courts.
For now, Abrego Garcia’s legal odyssey continues — but with two key court rulings tipping momentum in his favor.
