BALTIMORE — A big development in the case of Kilmar Abrego Garcia, whose currently sitting in a Tennessee federal prison for allegations of human trafficking.
Maryland Federal Judge, Paula Xinis, an appointee of former President Barack Obama, on Wednesday barred ICE from immediately arresting and deporting Garcia upon pre-trial release from Tennessee, instead ordering his return to Maryland under an order of supervision.
Simultaneously, another Obama nominee, Judge Waverly Crenshaw Jr., whose overseeing the criminal case in Tennessee, denied the government’s motion to keep Garcia in pre-trial custody, ruling he posed no flight or public safety risk.
Neither order, however, prevents agents from simply rearresting Garcia once he arrives back in Maryland.
"Once Abrego Garcia is restored to ICE supervision in this District, he may be ordered to appear at the Baltimore Field Office for commencement of immigration proceedings, and these proceedings may or may not include lawful arrest, detention and eventual removal," Xinis wrote Wednesday. "So long as such actions are taken within the bounds of the Constitution and applicable statutes, this Court will have nothing further to say."
Another potential hurdle is a July 20 agreement between the feds and Garcia's criminal defense attorneys that sought to keep him jailed in Tennessee for an additional 30 days, amid fears ICE would deport him anyway.
The agreement was approved by a Tennessee Federal Magistrate Judge right after Crenshaw's decision.
It's unclear if Garcia's team will now attempt to withdraw from that agreement.
Garcia, an undocumented migrant and accused MS-13 gang member was deported from Maryland in March to his home country of El Salvador's maximum security prison CECOT.
Although a U.S. Immigration Judge paved the way for Garcia's removal in 2019, agents were prohibited from sending him back to his native country due to potential safety risks, for which the Justice Department alleges has to do with Garcia's past involvement in a gang related murder.
The government later acknowledged Garcia's deportation was executed in error, triggering a long legal battle gaining national exposure.
Xinis initially sided with Garcia, directing the government to "effectuate his return" to Maryland.
The Supreme Court then stepped in ruling the feds should "facilitate his release."
While Garcia's attorneys and the Trump Administration argued back and forth about what the difference was, Attorney General Pam Bondi vowed Garcia would never again be allowed to renter the country.
That was until last month, when Bondi announced Garcia was being been flown back to the country to answer for human trafficking charges.
He's been held in a Tennessee prison ever since, while the case plays out. Garcia has denied all wrongdoing.
Under Xinis' latest order, ICE must give Garcia 72 hours notice prior to deporting him to any other country. DOJ Attorneys have argued Xinis lacks jurisdiction in the matter.
Meanwhile, the Supreme Court, in a recent unrelated case, signed off on third-country removals for those illegally in the United States with little to no notice.
