Migrant Abrego wins release from US jail as he faces smuggling charges
U.S. District Judge Waverly Crenshaw in Nashville upheld a magistrate judge's ruling that prosecutors had not shown sufficient evidence that Abrego posed a public safety threat or was a flight risk to justify his continued detention ahead of trial on human smuggling charges.
President Donald Trump's administration had previously said if Abrego is freed from criminal custody, he will immediately be taken into immigration detention and face a second deportation to a country other than El Salvador.
In a simultaneous ruling, U.S. District Judge Paula Xinis in Greenbelt, Maryland, who is overseeing a civil lawsuit brought by Abrego, put a three-day pause on any further attempt by the Trump administration to deport Abrego to give his lawyers the chance to contest his removal.
Neither the Justice Department nor the Department of Homeland Security immediately responded to requests for comment.
Abrego, 29, a Salvadoran migrant who had been living in Maryland, was deported and imprisoned in El Salvador in March despite a 2019 judicial ruling that he could not be sent there because of a risk of gang persecution.
Abrego's case has drawn widespread attention as the Trump administration moves aggressively to deport millions living illegally in the U.S., prompting criticism that the government is infringing on legal rights.
The Trump administration brought Abrego back to the U.S. in June after securing an indictment accusing him of taking part in a smuggling ring as part of the MS-13 gang to transport migrants living in the country illegally.
Abrego has pleaded not guilty and his lawyers have accused the Trump administration of bringing the charges to cover up violations of his rights. He has denied any gang ties.
Federal prosecutors sought to convince two different judges to order Abrego be detained while awaiting a trial. They alleged that Abrego used children as cover during smuggling trips, faced complaints that he mistreated female passengers and lied about his activities when stopped by police in 2022.
Lawyers for Abrego have argued that alleged co-conspirators cooperating with prosecutors cannot be trusted because they are seeking relief from their own criminal charges and deportations. The defense has argued that witnesses gave inconsistent statements to investigators, including about the government's core allegation that Abrego is a member of the MS-13 gang.
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