Photo courtesy of Homeland Security
GREENBELT, Md. — A federal judge has blocked immigration authorities from deporting Kilmar Abrego Garcia—a Salvadoran national with documented gang ties and a history of alleged violence—ordering his return to Maryland under ICE supervision and mandating 72 hours’ notice before any future removal.
U.S. District Judge Paula Xinis issued the ruling Wednesday, July 23, 2025, citing the need to enforce earlier court orders and preserve due process. The court found that ICE and the Department of Homeland Security had violated the law by deporting Abrego Garcia to El Salvador in March—despite a standing judicial stay—and then returned him to the United States in secret, without informing his family or legal counsel.
According to a 2019 field interview by the Prince George’s County Police Department Gang Unit, Abrego Garcia was identified as a member of the MS-13 Westerns clique. Officers cited tattoos, gang-affiliated clothing, and corroboration from a “proven and reliable source.” Two immigration judges later affirmed his gang affiliation.
Court records also show that in 2021, a Maryland judge granted a protective order to his spouse, finding credible evidence that Abrego Garcia had assaulted her multiple times, including punching, scratching, and tearing her clothing. He was ordered to vacate the home and relinquish temporary custody of their child.
Despite these allegations, Abrego Garcia was granted withholding of removal in 2019, a legal status that prohibited deportation to El Salvador due to potential threats from rival gangs. He was released under an ICE order of supervision, permitted to live and work in Maryland, and required to check in with officers at ICE’s Baltimore Field Office.
That arrangement was upended on March 12, 2025, when ICE agents arrested Abrego Garcia without a valid removal order and put him on a plane to El Salvador—specifically to the country’s most notorious prison, CECOT. The court found this violated the Immigration and Nationality Act and his Fifth Amendment rights. Homeland Security later admitted the removal was in error, calling it an “oversight.”
The Supreme Court upheld a lower court ruling directing that Abrego Garcia be returned and that his case proceed as if the unlawful deportation had never occurred. Yet the judge noted that DHS “disregarded court orders” for three months and only returned him after growing legal pressure—without notifying the court, his attorneys, or even his family. “We learned on ABC News,” his lawyer testified in court.
During recent hearings, ICE Assistant Director Thomas Giles acknowledged under oath that if released from criminal custody in Tennessee, ICE intended to detain Abrego Garcia and potentially deport him to a third country—but had not identified which one. When pressed by the court, Giles said he “didn’t know what’s on the table” and could not rule out countries like Mexico or South Sudan, both of which have diplomatic assurances allowing expedited deportation with no further legal proceedings.
Judge Xinis rejected the government’s arguments, stating ICE appeared prepared to remove Abrego Garcia again “without due process,” and warned that DHS’s lack of transparency created a “substantial risk” of further constitutional violations. The court ordered that any future deportation must be preceded by written notice and an opportunity to raise claims of persecution or torture, consistent with federal law.
Sen. Chris Van Hollen (D-Md.) issued a statement praising the court’s decision:
“Today’s ruling is important to upholding the rule of law against a lawless Trump Administration. Every person in our nation is afforded the right to due process by our Constitution… This order will prevent that, and ensure that Kilmar Abrego Garcia is returned to Maryland following the U.S. District Court in Tennessee’s determination that he does not pose any threat to the public.”
Critics of the ruling say it prioritizes procedural rights over public safety and undermines federal immigration enforcement. The ICE detainer filed in Tennessee claimed “ongoing removal proceedings,” yet the judge found no such proceedings had begun and called the detainer “thin cover” for detaining a person without legal basis.
The Department of Justice is expected to appeal. For now, Judge Xinis’s order prohibits ICE from taking Abrego Garcia into custody in Tennessee and requires his return to the same ICE supervision status he held before the unlawful deportation.
The case remains a flashpoint in the national debate over illegal immigration, gang enforcement, and the limits of judicial authority over executive power.
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Please keep this man safe from anymore harm. This administration is out of control.
What about “documented gang ties and a history of alleged violence”. Man literally beat his wife but I guess that doesn’t matter. This is why the Dems will continue to lose elections.
Sorry folks, but this is a federal case and little judgy boy doesn’t have a say.
Give him back to TRUMP KEEP AMERICA SAFE