Federal judges in Tennessee and Maryland on 23 July ordered the release of Kilmar Abrego Garcia on bail while he contests federal human–smuggling charges and a civil lawsuit, and they barred U.S. Immigration and Customs Enforcement from immediately taking him back into custody. A magistrate judge separately stayed the release for up to 30 days to allow the Trump administration time to appeal. Abrego, 29, a Salvadoran national who had lived in Maryland for more than a decade, was mistakenly deported to El Salvador in March despite a 2019 order shielding him from removal. After the Supreme Court intervened, he was returned to the United States in June and indicted in Nashville on charges of conspiring to transport undocumented migrants for profit. He pleaded not guilty on 13 June. U.S. District Judge Waverly Crenshaw in Nashville affirmed that prosecutors had failed to show Abrego posed a danger or flight risk, dismissing government assertions that he is linked to the MS-13 gang. In a parallel ruling, Judge Paula Xinis in Greenbelt ordered that, once released, Abrego be placed under ICE supervision in Baltimore and receive 72 hours’ notice before any attempt to deport him to a third country. Justice Department lawyers have said they still intend to remove Abrego from the United States rather than return him to El Salvador, potentially before any criminal trial concludes. Homeland Security officials criticised the rulings and signalled plans to appeal, setting the stage for another high-profile clash between the courts and the administration over immigration enforcement.
A lengthy court battle has resulted in a legal victory for Kilmar Abrego Garcia, who will be released from federal custody while awaiting trial on human smuggling charges. https://t.co/kgNZoEUdu5
Jueces ordenan la liberación del inmigrante Abrego García e impiden nuevo arresto por parte de ICE. Los detalles: https://t.co/fuyTDS0Xsu
Judges in two states issued rulings supporting embattled Salvadoran immigrant Kilmar Abrego Garcia's freedom while he fights federal human smuggling charges https://t.co/KDdy3nSj12