A federal judge in Maryland on Wednesday ordered that Kilmar Abrego Garcia, a Salvadoran immigrant, be returned under supervision to the state where he had lived with his family — effectively blocking any immediate attempt by the Trump administration to detain or deport him again.
The decision marks a significant victory for Abrego Garcia’s legal team, who argue that their client had been illegally deported to El Salvador last March in violation of a 2019 court order. Upon returning to the United States last month to face charges related to migrant transportation, he was taken into custody in Tennessee.
Judge Paula Xinis of the U.S. District Court in Maryland ruled that Abrego Garcia should be placed under the jurisdiction of the local ICE office in Baltimore, as part of a supervised immigration release. She emphasized that the measure aimed to “provide an effective remedy for a foreign national wrongfully deported,” according to ABC News.
The court also ordered the government to notify the defense at least 72 hours before any attempt to deport him to a third country.
Kilmar Abrego Garcia faces federal charges in Tennessee for allegedly transporting undocumented immigrants. He categorically denies the allegations, including any ties to the MS-13 gang — an accusation promoted by the administration but consistently dismissed by federal judges.
In a separate hearing, Judge Waverly Crenshaw on Wednesday rejected the government’s request to revoke a magistrate’s decision authorizing Abrego Garcia’s conditional release. The judge found that the prior illegal deportation did not indicate a flight risk.
Crenshaw also criticized the evidence presented to support an alleged MS-13 affiliation. He found that the claims made by Homeland Security officer Peter Joseph — who alleged that Abrego Garcia had transported rival gang members — were built on shaky grounds. “To conclude MS-13 affiliation, the court would have to make so many assumptions that it borders on speculation,” the judge noted.
The ruling drew sharp criticism from the administration. On social platform X, Deputy Secretary of Homeland Security Tricia McLaughlin condemned what she called an “attack on ICE’s authority.” She stated, “An illegal criminal, trafficker, and MS-13 member will never again walk U.S. streets.” In another post, she labeled Judge Xinis as “irresponsible,” accusing the decision of jeopardizing public safety.
For Kilmar Abrego Garcia’s lawyers, the case extends far beyond their client. Simon Sandoval-Moshenberg, one of his legal representatives, welcomed the ruling as a “critical legal correction following a deportation carried out without notice.” He denounced what he sees as an attempt by the administration to bypass immigrants’ fundamental rights.
“After an initial deportation carried out unlawfully, this court-ordered stay is crucial,” he told ABC News. “The court recognized that Kilmar’s safety and rights were genuinely at risk, and that the government had already acted arbitrarily.”
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Source: ABC News
