Judge orders Abrego Garcia free from ICE custody, citing lack of gov’t action

A federal choose on Tuesday blocked the Trump administration from re-arresting Salvadoran migrant Kilmar Abrego Garcia in federal immigration custody — an replace that comes simply days earlier than he’s anticipated to seem in Nashville for a key courtroom listening to in a separate legal case.

U.S. District Choose Paula Xinis agreed to transform her earlier emergency order barring ICE from instantly re-detaining Abrego Garcia right into a type of longer-term injunctive reduction that his attorneys had sought.

She mentioned Tuesday that the Trump administration has not given the courtroom “good cause to imagine” that it plans to maneuver him to a 3rd nation within the “moderately foreseeable future.” As a substitute, she mentioned, “they made one empty menace after one other to maneuver him to international locations in Africa with no actual likelihood of success.”

The order clears the best way for Abrego Garcia to take part in a key listening to in Nashville subsequent week on whether or not a separate federal choose ought to dismiss his legal case on grounds of “vindictive” and selective prosecution. Abrego Garcia was accused in courtroom information of repeated home violence towards his spouse, who alleged a number of incidents of bodily abuse within the protecting order utility. She later withdrew the request for a protecting order and publicly defended her husband. The Division of Homeland Safety has additionally mentioned he was dwelling within the U.S. illegally and claims ties to MS-13, disputing the portrayal of him as merely a “Maryland man.” His attorneys have denied the gang’s allegations.

ABREGO GARCIA NOW REMAINS WITH US WHILE THE JUDGE REVIEWS THE CASE

President Donald Trump and a protester maintain an indication urging the return of Kilmar Abrego Garcia. (Getty Photos)

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Xinis additionally mentioned the federal government has “executed nothing” to indicate the courtroom that Abrego Garcia’s continued detention in ICE custody is “in keeping with due course of.”

“Respondents have executed nothing to reveal that Abrego Garcia’s continued detention in ICE custody is in keeping with due course of,” Xinis mentioned Tuesday.

She crossed off an inventory of the Trump administration’s efforts to take away Abrego Garcia to an inventory of 4 African international locations that she had recognized as so-called “third international locations” of removing within the months between August, when Abrego was once more detained by ICE, and December, when Xinis lastly ordered his launch.

The Justice Division and Division of Homeland Safety didn’t instantly reply to Fox Information Digital’s request for remark.

Senior DHS and Justice Division officers beforehand steered they’d enchantment Xinis’ orders. Trump officers have sharply criticized Xinis and different federal judges presiding over deportation cages. repeatedly accused of overstepping their authority as a subdistrict courtroom choose.

“This order lacks any legitimate authorized foundation, and we are going to proceed to battle it tooth and nail within the courts,” DHS Assistant Secretary Tricia McLaughlin mentioned in response to the courtroom’s earlier emergency order.

Xinis mentioned Tuesday that the federal government “refused to impact the rapid removing of Abrego Garcia to Costa Rica,” the placement he had recognized as his most well-liked third nation of removing, in favor of what she mentioned was an tried “ghost relocation” by the federal government to ship Abrego to “three (perhaps 4) African international locations.”

“Since Abrego Garcia secured his launch from legal custody in August 2025, respondents have made one empty menace after one other to take away him to international locations in Africa with no actual likelihood of success,” Xinis mentioned.

ABREGO GARCIA LAWYERS ASK US JUDGE TO ORDER RETURN TO MARYLAND AGAINST CURRENT CRIMINAL COURT

Kilmar Abrego Garcia, proper, and his brother Cesar Abrego Garcia, middle, arrive on the Immigration and Customs Enforcement area workplace in Baltimore on August 25, 2025. (AP Photograph/Stephanie Scarbrough)

The Trump administration beforehand tried, however failed, to maneuver Abrego Garcia to the African international locations of Liberia, Eswatini, Uganda and easily Ghana.

Xinis famous in late November that the federal government couldn’t take any of those steps with out ultimate discover of the removing order, which she reiterated on Tuesday within the memo order that the federal government had not acquired.

“So he should adhere to the strict launch situations already imposed by ICE and within the Tennessee Felony Matter,” Xinis mentioned.

US choose guarantees to resolve ABREGO GARCIA’s destiny ‘quickly’ after marathon listening to

Abrego Garcia’s standing has been on the middle of a authorized and political maelstrom since March, when he was deported to his house nation of El Salvador in violation of a 2019 courtroom order and in what Trump officers acknowledge as an “administrative error.” Xinis then ordered that Abrego Garcia be returned to the US “instantly”.

He was ultimately returned to the U.S. in June, the place he was taken into federal custody in Nashville and held on human trafficking expenses stemming from a 2022 site visitors cease.

The Justice Division later informed Xinis that it was the legal investigation opened and offered it to a grand jury on the similar time that Abrego Garcia was being held in a Salvadoran jail, and on the similar time that authorities attorneys have been telling the courtroom that the US was powerless to order his return.

A girl holds a photograph of Salvadoran migrant Kilmar Abrego Garcia outdoors the U.S. District Courtroom in Nashville. A choose ordered Trump officers to testify in courtroom in January to evaluation Abrego’s movement to dismiss on grounds of “vindictive” prosecution. (Getty Photos)

Subsequent week’s listening to in Nashville will give attention to a movement to dismiss Abrego Garcia’s legal case for “vindictive” and selective prosecution.

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The choose overseeing that case, U.S. District Choose Waverly Crenshaw, had dominated in October that Abrego Garcia had established a “affordable likelihood” that the legal case towards him was the results of vindictive prosecution by the Justice Division.

Crenshaw had ordered the Trump administration to provide inside paperwork and authorities witnesses in courtroom to testify about its resolution to carry the case.