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17h ago

Judge Delays Release of Wrongfully Deported Migrant Over ICE Deportation Risk

His lawyers are pressing for a transfer to Maryland as federal prosecutors prepare to launch new removal proceedings

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.
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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This courtroom sketch depicts Kilmar Abrego Garcia sitting in court during his detention hearing on Wednesday, June 25, 2025, in Nashville, Tenn. (Diego Fishburn via AP)

Overview

  • U.S. District Judge Waverly D. Crenshaw Jr. upheld a magistrate ruling that Garcia is eligible for pretrial release yet kept him detained to prevent immediate ICE deportation.
  • Federal prosecutors announced plans to initiate removal proceedings to deport Garcia to a third country once he leaves Tennessee custody.
  • Garcia’s attorneys have petitioned a Maryland court to order his transfer there to protect him from potential ICE removal before his smuggling trial.
  • Magistrate Judge Barbara Holmes had set strict release conditions including home detention with his brother, electronic monitoring and travel restrictions.
  • The conflict highlights friction between the Department of Justice and Homeland Security over coordination and due process under President Trump’s immigration agenda.