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Court Rules for Abrego Garcia’s Release, but DOJ Plans Third-Country Deportation

Federal prosecutors have told a Maryland judge that ICE will begin removal proceedings to a third country once he is freed pending trial.

Mistakenly deported Maryland man Kilmar Abrego Garcia will be returned to the United States to face criminal charges, after the Trump administration said they had no intention of his return.
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This courtroom sketch depicts, from left, attorney Sean Hecker, Kilmar Abrego Garcia and attorney Rascoe Dean in court during Garcia's detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (AP Photo/Diego Fishburn)
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Overview

  • A Tennessee magistrate judge ruled that Abrego Garcia may be released under strict conditions but kept him in custody over concerns ICE would immediately detain him.
  • U.S. District Judge Waverly Crenshaw affirmed a release order requiring home detention with electronic monitoring and limited travel yet said he cannot direct ICE’s actions.
  • Justice Department attorney Jonathan Guynn informed a Maryland court that ICE intends to initiate removal proceedings to an unnamed third country upon his release.
  • Defense lawyers have asked U.S. District Judge Paula Xinis to transfer Abrego Garcia to Maryland to guard against swift deportation before his trial.
  • Abrego Garcia, who was mistakenly deported to El Salvador in March despite a 2019 withholding order, pleaded not guilty to human smuggling charges stemming from a 2022 Tennessee traffic stop.