US Judges Order Release for Abrego Garcia, Block Immediate Deportation

Justice Judge Orders Release of Wrongly Deported Venezuelan
Federal courts have granted release pending trial to Venezuelan National who was deported by the U.S. to a maximum‑security prison in El Salvador and later faced criminal charges in Tennessee. The decision counters a Trump administration policy that sent more than 200 people to a Salvadoran jail.
Background of Deportation
- The U.S. Department of Justice listed the Tren de Aragua Gang as a foreign terrorist organization and deported Kilmar Armando Abrego Garcia in March.
- Abrego Garcia, a Maryland resident married to a U.S. citizen, was wrongly deported because of an administrative error.
- Prior to deportation, a judge had ruled he could face harm in Venezuela, granting him protected status in 2019.
Return and Charges in Tennessee
After his return to the United States in June, Abrego Garcia was arrested on charges of human smuggling in the state of Tennessee. He has pleaded not guilty to smuggling undocumented migrants between 2016 and 2025.
Judicial Orders
- Judge Waverly Crenshaw in Tennessee ordered Abrego Garcia’s release on bail ahead of his trial on January 27.
- Judge Paula Xinis in Maryland blocked the U.S. Immigration and Customs Enforcement (ICE) from immediately detaining him and directed the administration to give at least three days’ notice before any next deportation attempt.
Criticism from the Department of Homeland Security
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, rebuked the ruling, describing the judge’s orders as “lawless and insane.” The statement was posted on the X social platform.
Future Uncertainties
Federal prosecutors remain opposed to Abrego Garcia’s release and warn he may be deported again if he is freed from custody. The exact timing of his release has yet to be confirmed.