Judge orders Kilmar Abrego Garcia's release as Trump administration fumes

Washington DC - A Salvadoran man who was wrongly deported and then returned to the US to face human smuggling charges should be released pending trial and not be immediately taken into immigration custody, federal judges said Wednesday.

Federal judges say that Kilmar Abrego Garcia, who was wrongly deported, should be released pending trial and not be immediately taken into immigration custody. © via REUTERS

Kilmar Armando Abrego Garcia was summarily deported in March along with more than 200 other people to a prison in El Salvador as part of President Donald Trump's crackdown on migrants.

His case has become a key test of Trump's hardline immigration policies.

The Republican's administration claims most of those sent to El Salvador were alleged members of the Venezuelan gang Tren de Aragua, which Trump has designated a foreign terrorist organization.

Justice Department lawyers later admitted that Abrego Garcia – a resident of Maryland who is married to a US citizen – was wrongly deported due to an "administrative error."

Abrego Garcia had been living in the US under protected legal status since 2019, when a judge ruled he should not be deported because he could be harmed in his home country.

He was returned to the US in June and immediately arrested on human smuggling charges in Tennessee.

Abrego Garcia's release pending trial has been repeatedly delayed at the request of his lawyers amid fears he would be picked up by Immigration and Customs Enforcement (ICE) and deported again.

Today’s ruling in the Abrego Garcia case is important to upholding the rule of law against a lawless president.

It’s clear Trump would rather deport him to a third country without regard for his due process rights than argue the case in court — but it just doesn't work that way: pic.twitter.com/rWVaQ2PziZ

— Senator Chris Van Hollen (@ChrisVanHollen) July 23, 2025

Federal judges block ICE from taking Abrego Garcia into custody Kilmar Abrego Garcia's case has become a key test of President Trump's hardline immigration policies. © IMAGO / Imagn Images

District Judge Waverly Crenshaw in Tennessee ordered Abrego Garcia's release on bail on Wednesday ahead of his January 27 trial date, and a district judge in Maryland simultaneously blocked ICE from immediately taking him into custody.

District Judge Paula Xinis said Abrego Garcia should be brought back to Maryland and ordered the administration to provide at least three days' notice before attempting to deport him again.

Tricia McLaughlin, a spokeswoman for the Department of Homeland Security, criticized the ruling.

"The fact this unhinged judge is trying to tell ICE they can't arrest [Abrego Garcia]... under federal law is LAWLESS AND INSANE," McLaughlin said on X.

It was not immediately clear when Abrego Garcia would be released.

Federal prosecutors have opposed his release and warned that he may be deported once again if he is released from custody.

The fact this unhinged judge is trying to tell ICE they can’t arrest an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE. https://t.co/1Dx0rxP0nD

— Tricia McLaughlin (@TriciaOhio) July 23, 2025

Abrego Garcia is charged in Nashville, Tennessee, with smuggling undocumented migrants around the US between 2016 and 2025. He has pleaded not guilty.