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Judges Approve Bail and Halt Immediate Deportation for Wrongfully Deported Migrant

The rulings follow his lawyers’ motion to limit prejudicial government statements after the DHS secretary publicly denounced him.

Protesters gather outside of the federal court house where a judge will determine the conditions of Kilmar Abrego Garcia's release in Nashville, Tennessee, U.S., June 25, 2025. REUTERS/Seth Herald/File Photo
Jennifer Vasquez Sura, wife of Kilmar Abrego, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, looks on during a press conference with other family members, supporters and members of the Congressional Hispanic Caucus, in Washington, D.C., U.S., April 9, 2025. REUTERS/Ken Cedeno/File Photo
Kilmar Abrego Garcia, a Salvadoran migrant who lived in the U.S. legally with a work permit and was erroneously deported to El Salvador, is seen wearing a Chicago Bulls hat, in this handout image obtained by Reuters on April 9, 2025. Abrego Garcia Family/Handout via REUTERS THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. MANDATORY CREDIT./File Photo
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Overview

  • U.S. District Judge Waverly Crenshaw ordered Kilmar Abrego Garcia released on bail, finding that prosecutors failed to show he posed a flight risk or danger.
  • U.S. District Judge Paula Xinis issued a 72-hour restraining order barring ICE from taking custody immediately after his release to allow him to raise credible fear claims.
  • Abrego’s attorneys filed a motion asking Judge Crenshaw to enforce rules against extrajudicial statements after Homeland Security Secretary Kristi Noem labeled him a “monster.”
  • The Trump administration has stated that upon bail release he would be transferred to immigration detention and face deportation to a third country.
  • The case highlights tensions between aggressive executive removal powers and judicial orders upholding due process following his wrongful March deportation.