Judge bars ICE from immediately taking Abrego Garcia into custody if he’s released from jail

A federal judge in Maryland has prohibited the Trump administration from taking Kilmar Abrego Garcia into immediate immigration custody if he’s released from jail in Tennessee while awaiting trial on human smuggling charges, according to an order issued Wednesday.

U.S. District Judge Paula Xinis ordered the U.S. government to provide notice of three business days if Immigration and Customs Enforcement intends to initiate deportation proceedings against him.

The judge also ordered the government to restore the federal supervision that Abrego Garcia was under before he was wrongfully deported to his native El Salvador in March. That supervision had allowed Abrego Garcia to live and work in Maryland for years, while he periodically checked in with ICE.

“Defendants have done little to assure the Court that absent intervention, Abrego Garcia’s due process rights will be protected,” Xinis wrote in her order.

Abrego Garcia became a prominent face in the debate over President Donald Trump’s immigration policies following his wrongful explusion to El Salvador in March. Trump’s administration violated a U.S. immigration judge’s order in 2019 that shields Abrego Garcia from deportation to El Salvador because he likely faces threats of gang violence there.

The smuggling case stems from a 2022 traffic stop for speeding, during which Abrego Garcia was driving a vehicle with nine passengers. Police in Tennessee suspected human smuggling, but he was allowed to drive on.

Abrego Garcia’s criminal attorneys in the Tennessee case want him released from jail to await trial, but only if he won’t be taken into ICE custody and deported. A federal judge in that criminal case on Wednesday affirmed that Abrego Garcia is eligible for release. U.S. District Judge Waverly Crenshaw ruled that appropriate release conditions will mitigate any risk of flight or any danger to the community.

Crenshaw then sent the case back to U.S. Magistrate Judge Barbara Holmes, who originally held that Abrego Garcia is eligible for release last month. Holmes has held off on ordering his release at the request of Abrego Garcia’s own lawyers. On Wednesday, she signed yet another order putting off his release from jail, this time for 30 days.

U.S. officials have said they’ll try to deport Abrego Garcia to a country that isn’t El Salvador, such as Mexico or South Sudan, before his trial starts in January because they allege he’s a danger to the community.

Abrego Garcia’s American wife, Jennifer Vasquez Sura, is suing the Trump administration in Xinis’ Maryland court over his wrongful deportation in March and is trying to prevent another expulsion.

U.S. officials have argued that Abrego Garcia can be deported because he came to the U.S. illegally around 2011 and because a U.S. immigration judge deemed him eligible for expulsion in 2019, although not to his native El Salvador. Following the 2019 decision, Abrego Garcia was released under federal supervision, received a federal work permit and checked in with ICE each year, his attorneys have said.

The Trump administration recently stated in court documents that they revoked Abrego Garcia’s supervised release when they deported him in March, claiming that he was in the MS-13 gang.

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Associated Press writer Travis Loller contributed from Nashville, Tenn.