NASHVILLE, Tenn. (BN24) — Kilmar Abrego, a Salvadoran migrant whose controversial deportation became emblematic of President Donald Trump’s hardline immigration policies, secured two significant court victories on Wednesday. Yet, despite the legal momentum in his favor, Abrego will remain in custody for now on federal human smuggling charges.
In separate rulings, federal judges in Tennessee and Maryland rebuked the government’s handling of Abrego’s case. A U.S. district judge in Nashville upheld a lower court’s decision granting Abrego bail, while another judge in Maryland ordered that U.S. immigration officials provide three days’ notice before attempting to deport him to any third country.
“These rulings are a powerful rebuke of the government’s lawless conduct and a critical safeguard for Kilmar’s due process rights,” said Simon Sandoval-Moshenberg, Abrego’s attorney.
However, Abrego, 29, will remain in criminal custody in Tennessee for at least 30 more days. His attorneys, fearing a repeat of his earlier deportation, requested a delay in any release order to prevent federal immigration authorities from quickly detaining and removing him again.
Abrego had been living in Maryland when he was deported to El Salvador in March, despite a 2019 court order barring his removal due to the risk of persecution by gangs. His forced return sparked criticism of the Trump administration’s immigration practices, with opponents citing the case as a clear infringement on constitutional protections.
The Supreme Court in April upheld a ruling by U.S. District Judge Paula Xinis that required federal officials to facilitate Abrego’s return to the U.S. He was flown back in June, but only after being indicted on charges related to an alleged migrant smuggling operation. Abrego has pleaded not guilty.
U.S. authorities allege that Abrego helped transport undocumented migrants, including children, across the country. Prosecutors have attempted to justify his continued detention, citing these allegations. But U.S. District Judge Waverly Crenshaw ruled Wednesday that the government failed to demonstrate that Abrego posed a danger to the public or a flight risk.
Still, Crenshaw allowed for a future hearing on whether additional allegations involving children warranted pretrial detention. U.S. Magistrate Judge Barbara Holmes, who had previously ordered Abrego’s release, agreed to delay her ruling for 30 days to allow time for legal review and potential federal intervention.
Simultaneously, in Maryland, Judge Xinis ruled that if Abrego is eventually released from criminal custody, federal immigration agents in Tennessee may not re-detain him there. Instead, jurisdiction over his immigration case must return to Maryland, where Abrego had been living before his deportation. Xinis also required that immigration authorities give his legal team at least three days’ notice before attempting to deport him to any third country.
Despite the legal wins, Department of Homeland Security spokesperson Tricia McLaughlin doubled down on the administration’s stance, labeling Abrego an alleged member of the MS-13 gang and declaring he “will never walk America’s streets again.” Abrego has strongly denied any gang affiliation.
McLaughlin criticized Judge Xinis, calling her decision “insane” for limiting Immigration and Customs Enforcement’s authority. However, Xinis’ ruling did not prohibit ICE from detaining Abrego in Maryland, only from doing so in Tennessee without proper notice.
As the case unfolds, it remains a legal flashpoint in the broader debate over immigration enforcement and due process under the Trump administration.
