Kilmar Abrego Garcia to remain detained for at least a month despite judge ruling he is not a danger
A federal judge in Tennessee ruled Wednesday that Kilmar Abrego Garcia will remain detained for at least another month, despite rejecting the Trump administration’s claim that he poses a danger to the community if released while awaiting trial on human trafficking charges.
U.S. District Judge Waverly Crenshaw determined that prosecutors failed to provide “clear and convincing evidence” that Abrego Garcia represents a threat to others or the community. In a detailed 37-page ruling, Crenshaw denied the government’s request to overturn a prior magistrate judge’s decision in Nashville, which also found insufficient grounds to keep Abrego Garcia behind bars at this stage, News.Az reports, citing CNN.
Judge Barbara Holmes, however, ordered that Abrego Garcia remain in custody for 30 more days, honoring a non-contested request from his attorneys to avoid expedited deportation proceedings should he be released soon.
Meanwhile, a third judge in Maryland overseeing a civil lawsuit filed by Abrego Garcia and his family over his wrongful deportation to El Salvador earlier this year issued a protective order preventing the government from immediately deporting him again upon release. The order also requires the government to restore Abrego Garcia to his prior immigration supervision status in Baltimore, where he was allowed to live and work under regular check-ins with immigration officials.
“These rulings represent a strong rebuke of the government’s illegal actions and are crucial safeguards for Kilmar’s due process rights,” said Simon Sandoval-Moshenberg, one of Abrego Garcia’s lawyers. “After being illegally deported once without notice, this legal protection is essential.”
Judge Paula Xinis, also appointed by former President Barack Obama, barred the Trump administration from placing Abrego Garcia in Immigration and Customs Enforcement (ICE) custody immediately after release from criminal detention. She emphasized that any further immigration actions must respect constitutional protections, including the right to claim fear of torture if deported to a third country.
The government must notify Abrego Garcia’s attorneys at least 72 hours before any such deportation attempt, allowing time to prepare legal responses.
The Trump administration quickly criticized the Maryland judge’s ruling. DHS spokesperson Tricia McLaughlin called the order “illegal and crazy,” accusing Abrego Garcia of being an MS-13 gang member and a human trafficker, charges that his legal team disputes.
Abrego Garcia, a Maryland resident and father, was mistakenly deported to El Salvador in March. After months of legal battles, he was returned to the U.S. last month to face federal trafficking charges in Tennessee. His lawyers have expressed concerns that the government might attempt to deport him again before his trial.
“Everything we seek today is to ensure no constitutional violations occur,” said attorney Andrew Rossman during a recent court hearing.
A previous immigration judge’s 2019 order already prevents Abrego Garcia from being deported to El Salvador.
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