Two federal judges issued coordinated rulings Wednesday concerning Salvadoran national Kilmar Abrego Garcia, allowing for his release from U.S. Marshals’ custody in Tennessee while temporarily halting his deportation.
Judge Waverly Crenshaw of the Middle District of Tennessee ordered Abrego Garcia’s release pending trial on human smuggling charges. Simultaneously, U.S. District Judge Paula Xinis in Maryland directed the Trump administration to return Abrego Garcia to Immigration and Customs Enforcement (ICE) supervision in Maryland upon his release and to provide 72 hours’ notice before attempting deportation to a third country.
The rulings follow a DOJ agreement to keep Abrego Garcia in criminal custody for at least 30 days, giving him time to assess legal options. He was previously deported to El Salvador in defiance of a 2019 protective order and later returned to the U.S. for arraignment.
Judge Xinis affirmed that ICE may resume lawful removal proceedings only within constitutional and statutory limits, emphasizing her court would not intervene if procedures are followed correctly.
Abrego Garcia’s case has highlighted ongoing tension between federal courts and the administration over immigration enforcement and due process, particularly when deportation orders intersect with ongoing criminal proceedings.
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