United States District Judge Waverly Crenshaw is weighing whether to release Salvadoran illegal alien Kilmar Abrego García from custody as he awaits trial on smuggling charges.
The decision comes amid contradictory statements from immigration officials: ICE has signaled their intent to detain Abrego Garcia for possible deportation if he is released from criminal custody, though the government has not clarified if they will deport him before trial or simply hold him.
Abrego Garcia’s legal team has filed motions in multiple states trying to prevent ICE from deporting him without allowing him to challenge the expulsion.
In Maryland, United States District Judge Paula Xinis is considering an order that would require the government to provide Abrego Garcia with notice prior to any deportation attempt, a procedural safeguard his attorneys claim is essential. This follows a Supreme Court decision earlier this month that allows the federal government to deport illegal aliens to third countries.
The case has a complicated history: earlier in the second Trump administration, Abrego Garcia was deported to El Salvador despite a court order prohibiting his removal to that country due to potential gang persecution.
The administration later brought him back to the United States after securing an indictment on human smuggling charges, amounting to a legal reversal that has raised eyebrows among some immigration attorneys.
Justice Department officials have indicated they will only pursue prosecution if Abrego Garcia remains in custody, suggesting the charges might be dropped if he is released.