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Court Order Temporarily Blocks Kilmar Abrego Garcia's Deportation

Judge Xinis' order prolongs a more than 19-week judicial process that has involved courts in different states and even an intervention by the Supreme Court.

Protest in favor of Kilmar Abrego García

Protest in favor of Kilmar Abrego GarcíaOliver Cotreras / AFP.

Sabrina Martin
Published by
Sabrina Martin

A federal judge in Maryland ordered an emergency injunction Wednesday to prevent the Donald Trump administration from immediately deporting Salvadoran immigrant Kilmar Abrego Garcia after he is released from a Tennessee jail.

Judge Paula Xinis decreed that Abrego may not be deported or removed to a third country - such as Mexico or South Sudan - without at least 72 hours' notice, which would allow time for him or his lawyers to file additional claims. Instead of being taken into immigration custody after his release from jail in Nashville, the judge ordered him returned to ICE supervision in Baltimore.

The decision comes shortly after a federal judge in Tennessee, Waverly Crenshaw, authorized Abrego Garcia's release from criminal custody. According to that ruling, there was insufficient evidence to keep him in custody until his trial in January.

Case exposes judicial resistance to immigration policies

Judge Xinis' order prolongs a more than 19-week judicial process that has involved courts in different states and even an intervention by the Supreme Court. During this time, the judge has expressed frustration with Justice Department lawyers and expressed distrust in the government's plans to execute an orderly deportation.

The Trump Administration has defended its position, arguing that the deportation process is ongoing under the immigration laws and that it is not the Maryland court's place to intervene further, as the criminal case is taking place in Tennessee. In addition, they have pointed out that due process has not been violated, but rather that they have acted within what is allowed by the current legislation.

Nevertheless, the judge insists on imposing stricter conditions before allowing any immigration movement by ICE, citing concerns that Abrego could be deported back to El Salvador - as happened in March - without guarantees.

Third safe country or strategy to slow deportation?

The government has considered the possibility of transferring Abrego to a third country, as part of international agreements that allow that option in certain cases. However, the migrant's defense contends that in countries such as Mexico or South Sudan, Abrego has no legal status and could face danger.

The judge used that possibility to justify her emergency order, and made clear that she will not allow ICE to proceed without first demonstrating that safe and suitable conditions exist for the migrant in a third country.

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