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A trio of judges have temporarily halted the Trump administration’s efforts to immediately deport Salvadorian migrant Kilmar Abrego Garcia for a second time. The series of court orders were welcomed by Abrego’s attorneys but have put Trump officials on alert for a potential legal battle.
The orders were issued within 90 minutes by U.S. district courts in Tennessee and Maryland. These orders have paused, at least for now, the administration’s plans to have Immigration and Customs Enforcement (ICE) detain and start deportation proceedings against Abrego Garcia to a third country like Mexico or South Sudan. Justice Department officials confirmed this plan in court earlier this month, stating that the transfer from U.S. marshals to ICE officials would likely occur outside the federal prison where Abrego Garcia is currently held.
Following these developments, senior Trump administration officials expressed their discontent on social media. Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin stated on X that Abrego Garcia “will never walk America’s streets again.”
“The fact that this judge is preventing ICE from arresting an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE,” she added.
President Donald Trump, accompanied by Pam Bondi, speaks before Bondi is sworn in as U.S. Attorney General in the Oval Office at the White House. (Andrew Harnik/Getty Images)
These remarks raised concerns among immigration advocates, as well as lawyers representing Abrego Garcia and his family.
“We are very concerned about the Trump administration’s compliance with all parties involved in the case,” said Chris Newman, an attorney for Abrego Garcia’s family, in an interview with Fox News Digital.
Despite the recent legal victories for Abrego Garcia, ensuring him due process and access to legal counsel before his removal, the road ahead remains uncertain.
In Nashville, U.S. District Judge Waverly Crenshaw ordered Abrego Garcia’s release from criminal custody pending trial. The judge stated that the government failed to provide evidence justifying Abrego’s detention.
He also dismissed the allegations made by Trump officials, including by DHS Secretary Kristi Noem, that Abrego Garcia is an MS-13 gang member.
Department of Homeland Security Secretary Kristi Noem speaks during a tour of the Terrorist Confinement Center on March 26, 2025 in Tecoluca, El Salvador. (Alex Brandon-Pool/Getty Images)
U.S. Magistrate Judge Barbara Holmes, overseeing the case, delayed Abrego Garcia’s release from criminal detention for 30 days, as requested by his attorneys.
Shortly after Judge Crenshaw’s ruling, U.S. District Judge Paula Xinis issued an emergency order in Maryland blocking the administration from immediately taking Abrego Garcia into ICE custody without due process.
Abrego Garcia’s lawyers praised the court orders as a defense of his due process rights, despite recognizing the challenges that lie ahead.
It remains to be seen whether the administration will appeal the recent orders or comply with them. The Supreme Court has previously supported the administration on key cases, suggesting they may seek emergency intervention at that level.
Regardless, the legal battle surrounding Abrego Garcia’s case continues, with critics questioning the administration’s compliance with court orders and their approach to immigration enforcement.
Demonstrators gather outside the U.S. District Court in Greenbelt, Maryland, to protest the Trump administration’s deportation of Kilmar Abrego Garcia, who was sent to El Salvador in March in what administration officials said was an administrative error. (Breanne Deppisch/Fox News Digital)
As the legal proceedings unfold, Abrego Garcia’s legal team remains vigilant about potential challenges from the administration, emphasizing the need for due process and fair treatment.
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“It’s now a matter of public record that their posture since the beginning is to say, ‘F— you’ to the courts,” said Newman, the lawyer for Abrego Garcia’s family. “So, to say that we are being vigilant about potential bad faith efforts by the Trump administration would be an understatement.”
