Judge bars ICE from immediately taking Abrego Garcia into custody if he’s released from jail

A federal judge in Maryland has issued an order preventing the Trump administration from immediately taking Kilmar Abrego Garcia into immigration custody upon his potential release from a Tennessee jail. U.S. District Judge Paula Xinis mandated a three-business-day notice period if Immigration and Customs Enforcement (ICE) plans to initiate deportation proceedings. The judge also ordered the restoration of federal supervision that Abrego Garcia previously had, allowing him to live and work in Maryland while periodically checking in with ICE. Abrego Garcia became a notable figure in the immigration policy debate after his wrongful deportation to El Salvador in March, which violated a prior immigration judge's order protecting him from deportation due to potential gang violence threats. The current human smuggling charges stem from a 2022 traffic stop where he was found driving with nine passengers. His criminal defense attorneys are seeking his release to await trial, contingent on him not being taken into ICE custody. A federal judge in the criminal case affirmed his eligibility for release, with appropriate conditions to mitigate flight risk or danger to the community. Despite this, his release has been postponed. U.S. officials intend to deport Abrego Garcia to a country other than El Salvador, citing him as a danger to the community, though his wife is suing the administration to prevent another expulsion. Officials argue for his deportation due to his illegal entry into the U.S. and a previous immigration judge's ruling, despite his supervised release and work permit status after 2019.