Kilmar Abrego Garcia Is Finally Coming Home to Maryland (for Now)
While releasing him, a judge called some of the government’s accusations against Abrego Garcia “[bordering] on fanciful.”

A federal judge has barred ICE from detaining Kilmar Abrego Garcia should he be released from custody in Tennessee, ordering Wednesday that he be returned to Maryland to “ensure that his case is handled as it would have been before he was wrongly sent to El Salvador,” in accordance with the Supreme Court’s prior ruling.
U.S. District Judge Paula Xinis issued a memorandum prohibiting the Department of Homeland Security from “taking Abrego Garcia into immediate ICE custody in Tennessee.” The judge added that Abrego Garcia must be restored to his ICE Order of Supervision in Baltimore.
The judge also ordered that if the government were to initiate proceedings to remove Abrego Garcia to a third country, as they’d previously threatened to do, they would need to provide 72 business hours’ notice to the plaintiff and his counsel.
“Defendants have done little to assure the Court that absent intervention, Abrego Garcia’s due process rights will be protected,” she wrote.
Abrego Garcia’s attorneys had previously requested a 30-day stay on his release from pretrial detention, claiming that he feared immigration authorities would immediately deport him again. DHS officials confirmed this was their plan but were unable to offer any details as to where they hoped to send him.
Meanwhile, it seems that after months away from home, Abrego Garcia may finally be headed back to Maryland.
U.S. District Judge Waverly Crenshaw in Tennessee denied a motion from the government to revoke a magistrate judge’s order for Abrego Garcia’s release Wednesday, ruling that the government had failed to meet the burden to prove Abrego Garcia was a flight risk or danger to the community. The judge said Abrego Garcia could be released on bond with conditions.
Crenshaw found there was evidence that Abrego Garcia had smuggled individuals from the border but not that he was a member of or affiliated with any gang, as the government claims. Crenshaw referred to testimony provided by a Homeland Security agent who said that Abrego Garcia transported Barrio 18 and MS-13 gang members, claiming it “cuts against the already slim evidence demonstrating Abrego is a member of MS-13.”
“For the court to find that Abrego is a member of or in affiliation with MS-13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful,” Crenshaw said.