Kilmar Abrego Garcia, who was wrongfully deported to El Salvador in March despite a court order, will not face immediate detention and deportation upon release from a Tennessee prison, a US District Judge ruled. US District Judge Waverly Crenshaw in Nashville upheld a finding that Abrego Garcia could be released, rejecting claims he was a flight risk or danger, and expressing doubt about the Trump administration's assertion he is an MS-13 gang member. This decision follows a separate ruling by US District Judge Paula Xinis in Maryland, requiring immigration officials to give Abrego Garcia three business days' notice before initiating removal proceedings and ordering the restoration of his previous legal status. Abrego Garcia’s release has been delayed 30 days at his lawyers' request due to concerns about deportation.

The Trump administration's actions against Abrego Garcia, including the false claim by President Trump that Abrego Garcia had "MS-13 tattooed onto his knuckles," have been criticized as violating due process. Abrego Garcia is awaiting trial in January on human smuggling charges based on a November 2022 traffic stop, charges his lawyers dismiss as “preposterous.” While the ruling prevents deportation to El Salvador, the administration maintains it could deport him to a third country. A Department of Homeland Security spokesperson criticized Judge Xinis' ruling on social media.

Impact Statement: The rulings represent a significant legal setback for the Trump administration's immigration enforcement actions and underscore ongoing concerns about due process violations. The case highlights the vulnerability of individuals facing deportation and the ongoing debate around third-country deportations.