A federal judge in Maryland has now issued an order blocking Immigration and Customs Enforcement (ICE) from arresting illegal alien and accused MS-13 gang member Kilmar Abrego Garcia, should he be released on bail. Abrego Garcia is currently held in Tennessee, where he faces federal human trafficking charges. The judge, Paula Xinis, has also barred the Trump administration from deporting Abrego Garcia without "sufficient notice."
Fox News correspondent Bill Melugin broke the news on X.
BREAKING: Maryland federal judge Paula Xinis has just issued an order that will block ICE from arresting “Maryland man” Kilmar Abrego Garcia upon his release on bail in Tennessee for his federal human trafficking charges. Judge Xinis is also ordering a 72 hour pause on any effort… pic.twitter.com/JKBfwnPrB8
— Bill Melugin (@BillMelugin_) July 23, 2025
The post continues:
Judge Xinis is also ordering a 72 hour pause on any effort to deport him to a third party country without “sufficient notice” and “due process”.
Abrego Garcia, a Salvadoran illegal alien alleged MS-13 gang member and alleged repeat wife beater, is facing federal human smuggling charges in Tennessee, and a judge there is deciding whether to release him pending trial. The government had indicated it would take him into ICE custody in Tennessee if he was released pending his federal case.
Judge Xinis has now blocked the Trump administration from taking him into ICE custody upon his release.
The order, presented on the X post, states in part:
Defendants SHALL restore Abrego Garcia to his ICE Order of Supervision out of the Baltimore Field Office;
Should Defendants commence third-party removal proceedings, Defendants SHALL provide written notice to Abrego Garcia and all counsel of record at least seventy-two (72) house (excluding Saturdays, Sundays, and federal holidays) prior to the intended removal, identifying the country to which removal is sought.
Mr. Melugin, replying to a comment that Abrego Garcia's alleged wife-beating was for his wife to decide, Melugin pointed out that she has already done so:
According to her multiple protective order requests, including her own handwriting and voice, she did decide that. Multiple times. Alleged he beat her multiple times and was afraid to be around him because of his violence. The allegations come directly from her via court filings.
— Bill Melugin (@BillMelugin_) July 23, 2025
The fact that a Maryland judge has ruled in Abrego Garcia's habeas case, despite his current criminal case pending in Tennessee, is because of Abrego Garcia's former residence in Maryland (which is where he was initially picked up by ICE). She maintains she has jurisdiction over the matter — the government disagrees.
Read More: Judge in Tennessee Rules That Kilmar Abrego Garcia Is Going Nowhere - for Now
Abrego Garcia's Lawyers Claimed He Was Tortured and Starved, Then El Salvador Released the Tape
Should Abrego Garcia be released on bail, he is presumably free pending his trial, as long as Judge Xinis's ruling holds. As of this writing, there is no word of any appeal to this ruling from the Trump administration, or from any other quarter. Assistant Secretary Dept. of Homeland Security Tricia McLaughlin also weighed in on X:
The fact this unhinged judge is trying to tell ICE they can’t arrest an MS-13 gang member, indicted by a grand jury for human trafficking, and subject to immigration arrest under federal law is LAWLESS AND INSANE. https://t.co/1Dx0rxP0nD
— Tricia McLaughlin (@TriciaOhio) July 23, 2025
But just as Xinis was issuing her ruling in Maryland, the judges in the Tennessee case were also weighing in. First, Judge Waverly Crenshaw issued his order denying the government's motion for revocation of the release order and referring the matter back to Magistrate Judge Barbara Holmes to rule on Abrego Garcia's motion to stay the release order.
You see, when Abrego Garcia learned that he might be turned back over to immigration authorities if released from the U.S. Marshal's custody, he asked the Tennessee court to hold off on that release order — and the government agreed. So now, Judge Holmes has issued her order granting the motion to stay the release order for 30 days.
Once more, it appears Abrego Garcia is going nowhere — for now. Dizzy yet?
Editor’s Note: Democrat politicians and their radical supporters will do everything they can to interfere with and threaten ICE agents enforcing our immigration laws.
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