Federal Judge Blocks ICE From Taking Kilmar Abrego Garcia Into Custody
The Maryland court’s order also mandates restoring Garcia’s prior federal supervision, which allowed him to live and work legally in Maryland with annual ICE check-ins.
On July 23, 2025, U.S. District Judge Paula Xinis in Maryland issued an order preventing Immigration and Customs Enforcement (ICE) from immediately detaining Kilmar Abrego Garcia if he is released from jail in Tennessee, where he faces human smuggling charges. The ruling requires the government to provide three business days' notice if ICE intends to initiate deportation proceedings against Garcia, a Salvadoran national and Maryland construction worker.
Garcia was mistakenly deported to El Salvador in March 2025, despite a 2019 immigration judge’s order protecting him from removal to his home country due to potential gang violence threats. The Trump administration acknowledged this as an "administrative error" and returned Garcia to the U.S. in June 2025 to face charges in Tennessee. The smuggling charges stem from a 2022 traffic stop in Tennessee, where Garcia was driving a vehicle with nine passengers, prompting suspicions of human smuggling, though he was not charged at the time.
The Maryland court’s order also mandates restoring Garcia’s prior federal supervision, which allowed him to live and work legally in Maryland with annual ICE check-ins. This supervision was revoked in March 2025 when the Trump administration alleged Garcia’s affiliation with the MS-13 gang, a claim his attorneys deny, noting he has no criminal convictions in the U.S.
Federal prosecutors argue Garcia, who entered the U.S. illegally around 2011, poses a community danger and could face deportation to a third country, such as Mexico or South Sudan, before his January trial. Garcia’s legal team, alongside his American wife, Jennifer Vasquez Sura, is suing in Maryland to prevent another deportation, citing his protected status and family ties, including his U.S. citizen wife and children.
The case highlights ongoing tensions over immigration enforcement and judicial oversight, with the Trump administration maintaining its authority to deport individuals deemed ineligible to remain in the U.S.
Like this article