Kilmar Abrego Garcia Scores Major Legal Win
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
Kilmar Abrego Garcia, a Salvadoran man at the center of a long-running legal and political controversy over U.S. immigration enforcement, must be released from custody and returned to Maryland, two federal judges ruled Wednesday in separate decisions.
The decisions come after months of legal battles following Abrego's controversial removal to El Salvador in March, a deportation that the U.S. Supreme Court later determined to be unlawful.
Late on Wednesday, in a third ruling, U.S. Magistrate Judge Barbara Holmes delayed Abrego's release from custody for 30 days, following a request from his attorneys. They cited government advice that the Department of Homeland Security would begin removal proceedings if he were released.
Newsweek approached the Department of Homeland Security and Department of Justice for comment.
Why It Matters
The orders from U.S. District Judges Waverly Crenshaw Jr. and Paula Xinis mark a significant turning point in the case. The orders are the latest developments in a high-profile saga involving immigration, criminal proceedings, and alleged violations of constitutional rights. While the decisions represent a significant legal victory for Abrego, federal immigration authorities have signaled that efforts to deport him may soon resume.
Kilmar Abrego Garcia is seen in a courtroom sketch sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn
Kilmar Abrego Garcia is seen in a courtroom sketch sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn
Diego Fishburn via AP
What To Know
Abrego, who entered the U.S. without authorization over a decade ago, was living and working in Maryland under an Immigration and Customs Enforcement (ICE) supervision order when he was detained and deported to El Salvador on March 12, 2025.
The deportation directly violated a standing immigration court order from 2019 that prohibited his removal to El Salvador due to credible fears for his safety there.
After being expelled, Abrego was held at El Salvador's Terrorism Confinement Center, a prison known for violence and overcrowding.
His removal prompted legal challenges that reached the Supreme Court, which found the deportation violated both the Immigration and Nationality Act and Abrego's constitutional right to due process.
Following the ruling, the federal government delayed for nearly three months before returning Abrego to the U.S. in June.
Upon arrival, he was placed in U.S. Marshals custody to face unrelated criminal charges in Tennessee.
On Wednesday, Judge Crenshaw, an appointee of former President Barack Obama, ruled that Abrego should be released on bail while awaiting trial in the Middle District of Tennessee, finding that prosecutors had not demonstrated that he posed a flight risk or danger to the community.
Crenshaw noted that although the government accused Abrego of immigrant smuggling involving a minor, he had been cooperative when stopped by law enforcement in 2022 and had not attempted to flee.
Judge Xinis, acting in a civil case brought by Abrego and his family over his deportation, ruled to both restore Abrego to his pre-deportation immigration status and protect his due process rights if officials attempt to remove him from the U.S. again. Her ruling criticized government attorneys and ICE officials for failing to prepare adequately for court proceedings and for offering limited details about possible third-country removal options.
The court noted that although DHS has existing diplomatic agreements with countries like Mexico and South Sudan to accept deportees, no specific plans had been confirmed for Abrego. Nor had federal officials explained what process would be available to him in the event of a third-country removal.
The court's ruling underscores that any further attempts to remove Abrego must begin in Maryland, where jurisdiction over his original immigration case lies. Officials had previously indicated that any removal proceedings could be initiated wherever ICE found space to detain him, raising concerns about due process and judicial oversight.
Tennessee U.S. Magistrate Judge Barbara Holmes has delayed the release of alleged MS-13 member Kilmar Abrego Garcia from custody for thirty days.
His attorneys requested the delay on Monday, citing advice from the government that the Department of Homeland Security would initiate removal proceedings if he were released.
What People Are Saying
U.S. District Judge Waverly Crenshaw Jr. in Tennessee, said in his ruling: "It is not difficult to see why one might seek to avoid ICE after experiencing what Abrego did in recent months," adding that is was "pure speculation" on the government's argument that Abrego would flee to avoid ICE highlighting that it was the government itself that had created the circumstances now cited as justification for detention.
While U.S. District Judge Paula Xinis in Maryland said: "The requested relief is necessary not only to fulfill this Court's prior order, but also to provide the kind of effective relief to which a wrongfully removed alien is entitled upon return," emphasizing that the action was necessary to restore the "status quo ante"—Abrego's legal standing before his unlawful deportation.
Tennessee U.S. Magistrate Judge Barbara Holmes said: "Abrego shall therefore remain in the custody of the United States Marshal pending further order, as previously directed."
Despite these rulings, Tricia McLaughlin from the Department of Homeland Security said: ""He [Abrego] will never walk America's streets again."
What Happens Next
Despite the rulings, Abrego's legal battles may be far from over. While the courts have ordered his return to Maryland and implemented safeguards against sudden deportation, immigration authorities have maintained their intent to pursue removal.
As the case moves forward, it remains a focal point in the broader national conversation over immigration enforcement, executive power, and the limits of constitutional protections for noncitizens.
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