The Tennessee Conservative [By Olivia Lupia] –
After months of legal battles, a pair of federal judges have issued three rulings that will not only grant Salvadoran national Kilmar Abrego Garcia release from federal custody until his human smuggling trial next year, but also ensure he is returned to Maryland and cannot be immediately deported by the Department of Homeland Security.
In Tennessee, U.S. District Judge Waverly Crenshaw upheld the original order issued by Magistrate Judge Barbara Holmes in June granting Garcia pretrial release on bail, dismissing claims by the government that Garcia is a threat to the community and a flight risk despite his record of criminal history including alleged domestic violence and membership in the MS-13 gang.
“The Government has failed to show on appeal that this case is one of the ‘carefully limited exception[s]’ where detention pending trial is justified, entitling Abrego to his liberty in the meantime,” Crenshaw wrote.
Crenshaw further approved a petition from Garcia’s attorneys requesting a 30-day hold on reissuing the release order, meaning he will remain in the custody of the U.S Marshals for another month to, “evaluate his options and determine whether additional relief is necessary,” and also prevent ICE officials from immediately assuming custody. Government prosecution did not object to the hold measure when it was filed this past Sunday.
Meanwhile in Maryland, U.S. District Judge Paula Xinis ruled in favor of Garcia’s defense attorneys requesting his return to Baltimore and preventing ICE from initiating deportation proceedings without at least 72 hours’ notice.
In her ruling, Xinis stated that the government, “shall restore Abrego Garcia to his ICE Order of Supervision out of the Baltimore Field Office,” meaning he will be under the department’s supervision, but not in detention.
This order will also stymie ICE’s stated intentions to immediately deport Garcia to a third country not his native El Salvador upon his release from custody in Tennessee.
Xinis said her order was necessary to, “provide the kind of effective relief to which a wrongfully removed alien is entitled upon return.”
The order is supposedly “narrowly tailored”, not entirely restricting the government’s ability to take Garcia back into immigration custody at some point, but she said she would not permit him to be subject to a “rapid-fire” deportation which doesn’t allow his attorneys to attempt to block it.
Should the Trump administration initiate what Xinis called “lawful immigration proceedings upon Abrego Garcia’s return to Maryland,” she stipulated that such proceedings may or may not include “lawful arrest, detention and eventual removal.”
The rulings were issued near simultaneously on Wednesday, raising questions regarding communications and machinations between the judges, both Obama appointees, to protect an illegal alien and potentially violent criminal.
The Justice Department has not commented on the rulings, but DHS Assistant Secretary Tricia McLaughlin said in a statement on Xinis’ ruling, “The fact this unhinged judge is trying to tell ICE they can’t arrest someone who is subject to immigration arrest under federal law is insane.”
Garcia’s human smuggling trial is set to begin January 27, 2026, though it is likely ICE will continue pursuing deportment options before that date as the DHS has vowed Garcia “will never be on American streets again.”
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
