Kilmar Abrego Garcia’s Release Paused Amid Legal Battle and Trump Administration Criticism

A federal magistrate judge has temporarily halted the release of Kilmar Abrego Garcia from federal custody, just hours after two separate judges ordered his freedom. U.S. Magistrate Judge Barbara Holmes in the Middle District of Tennessee issued a 30-day pause on Abrego’s release, or until further court order, stating he ‘shall therefore remain in the custody of the United States Marshal.’

This pause was requested by both the government, seeking opportunity to appeal, and Abrego’s legal team, looking for further relief. It follows recent rulings from U.S. District Judges Waverly Crenshaw (Nashville, TN) and Paula Xinis (Maryland), both of whom ordered Abrego’s release and blocked his detention by immigration authorities. Judge Crenshaw specifically denied the Trump administration’s attempt to prevent Abrego’s release, citing a lack of evidence to warrant his detention.

Judge Xinis, who had previously expressed concerns about Abrego’s immediate deportation if released, issued an order blocking the government from transferring him into immigration custody in Tennessee. She also mandated his restoration to ICE supervision in Baltimore and required 72 business hours’ notice for any third-country removal proceedings. Abrego’s attorney, Simon Sandoval-Moshenberg, hailed the rulings as a ‘powerful rebuke of the government’s lawless conduct.’

Abrego’s case has garnered national attention for months. He was mistakenly deported to El Salvador in March, in violation of a 2019 judge’s order, and was returned to the U.S. last month. Upon his return, he was charged with human smuggling felonies, to which he has pleaded not guilty. The Trump administration has repeatedly accused Abrego, 29, of being an MS-13 gang member, an assertion Judge Crenshaw found unsupported by evidence.

The controversy intensified after Homeland Security Secretary Kristi Noem publicly called Abrego a ‘horrible human being’ and a ‘monster’ at a recent press conference. Despite these strong condemnations, Judge Crenshaw found no clear and convincing evidence that Abrego posed a danger that could not be mitigated by release conditions. A Department of Homeland Security spokesperson reiterated the administration’s stance, stating, ‘It will be a cold day in hell before this criminal illegal alien is back on American streets.’

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