Federal judges in Tennessee and Maryland issued a rapid series of court orders Wednesday, temporarily blocking the Trump administration’s second attempt to deport Salvadoran migrant Kilmar Abrego Garcia.
The rulings, delivered within 90 minutes, halt a plan acknowledged in court by the Justice Department to have Immigration and Customs Enforcement (ICE) immediately take Abrego Garcia into custody from a federal prison for removal to a third country, such as Mexico or South Sudan.
The decisions drew sharp condemnation from the administration. On the social media platform X, Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin wrote that Abrego Garcia “will never walk America’s streets again.” She added, “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.”
In Nashville, U.S. District Judge Waverly Crenshaw ordered Abrego Garcia’s release from criminal custody pending trial. In his 37-page ruling, Crenshaw wrote that the government “fails to provide any evidence that there is something in Abrego’s history, or his exhibited characteristics, that warrants detention.” The judge also dismissed government allegations of Abrego Garcia’s affiliation with the MS-13 gang, stating that such a finding would “border on fanciful” based on the evidence presented. A magistrate judge then stayed the release for 30 days at the request of Abrego Garcia’s attorneys.
Minutes later, U.S. District Judge Paula Xinis in Maryland issued an emergency order in a related civil case, blocking the administration from taking Abrego Garcia into immediate ICE custody to prevent his removal without due process. Xinis ordered that he be sent to an ICE supervision office in Baltimore and that his counsel be given 72 hours’ notice of any plan to remove him to a third country.
Abrego Garcia’s attorneys praised the rulings but expressed caution. “These rulings are a powerful rebuke of the government’s lawless conduct and a critical safeguard for Kilmar’s due process rights,” said attorney Simon Sandoval-Moshenberg.
However, the case has become a focal point in a wider conflict over immigration enforcement and the administration’s compliance with federal courts. Chris Newman, an attorney for Abrego Garcia’s family, noted “heightened, ongoing concerns” about the administration’s adherence to judicial orders. “So, to say that we are being vigilant about potential bad faith efforts by the Trump administration would be an understatement,” Newman said.
The administration’s next steps are uncertain. It could appeal to the conservative-majority U.S. Court of Appeals for the Sixth Circuit or seek emergency intervention from the Supreme Court. Critics contend the administration has a pattern of delaying or defying court orders, which has previously led judges to threaten contempt proceedings. In contrast, Trump officials have frequently criticized what they call “activist” judges for overstepping their authority and obstructing their agenda.
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