Two judges champion due process on Kilmar Ábrego García's deportation cases
One judge barred ICE from immediately detaining Ábrego García upon release, while another judge ordered him released with conditions--both citing Gov. "fanciful" evidence
On Wednesday, a federal judge in the Maryland District Court barred Immigration and Customs Enforcement (ICE) from immediately detaining Salvadoran asylum seeker Kilmar Ábrego García upon release. This opinion was issued the same day a Tennessee District Court judge ruled Ábrego García eligible for release on bond with conditions, stating that the U.S. government had failed to provide evidence that he posed a danger or flight risk.
Part of the Maryland District Court’s order demands that the Department of Homeland Security (DHS) provide 72 business hours’ notice to Ábrego García and his counsel if they “initiate third-country removal proceedings,” along with the name of the intended third country.
Aaron Reichlin-Melnick, attorney at the non-profit American Immigration Council, answered a question over X about the remaining possibility that the Department of Homeland Security (DHS) may still initiate so-called “third-country” removal for Abrego Garcia.
“Looks like DHS can still initiate third-country removal of Garcia,” wrote No Frontiers. “Is that not something the judge can bar?”
“Yes, that’s correct,” Reichlin-Melnick wrote. “But [the judge] can require them to provide him due process and not be able to shove [him] onto a plane with no warning.”
[Read Judge Paula Xinis’ full memorandum opinion here and the order here; and read Judge Waverly Crenshaw’s memorandum opinion here]
The Trump administration argued Ábrego García was an “MS-13 leader” based on alleged tattoos and, thus, detained him on March 12 and deported him to the nightmarish gulag known as the Terrorism Confinement Center (CECOT) in El Salvador a few days later, where he says he was “tortured and threatened,” according to an amended complaint.
While incarcerated at CECOT, Ábrego García says he experienced “severe mistreatment upon arrival at CECOT, including but not limited to severe beatings, severe sleep deprivation, inadequate nutrition, and psychological torture.”
The Tennessee federal judge who granted Ábrego García’s release on bail appeared frustrated with the U.S. government’s “poor attempts to tie Abrego to MS-13," noting the government produced no evidence of markings or tattoos that connected him to the El Salvador gang, nor any other evidence, despite having months to do so. This is the fourth federal judge to find the U.S. government failed to produce sufficient proof tying migrants to gangs.
One week into his imprisonment at CECOT, Salvadoran authorities noticed Ábrego García had no gang affiliation nor gang tattoos. While examining his tattoos, a prison official told him, “Your tattoos are fine.” Thus, he and eight other Salvadorans without gang affiliations were moved to a separate cell, apart from the 12 others they arrived with who did have recognizable gang tattoos.
The Maryland judge noted that ICE, led by DHS Secretary Kristi Noem, “forcibly expelled Abrego Garcia from the United States to the one country they were prohibited from removing him to—El Salvador,” anticipating he would be imprisoned at CECOT, “a facility widely regarded as one of the most dangerous and violent prisons in the world.” In court filings, Ábrego García says he was “threatened and tortured” during his two and a half month unlawful incarceration in CECOT.
On April 10, while Ábrego García was in CECOT, the U.S. Supreme Court ordered DHS to “‘facilitate’ Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador” (bolded text in original filing).
When asked if the U.S. president could secure Ábrego García’s release through a phone call to Salvadoran President Nayib Bukele, President Donald Trump said, “I could. If he were the gentleman that you say he is, I would do that. But he’s not.”
Under the leadership of Secretary Noem, as well as Trump, the government defied the Supreme Court's and subsequent Fourth Circuit court orders, refusing to comply for 53 days. As the Maryland judge wrote in her opinion, “Eventually, on June 6, 2025, Defendants returned Abrego Garcia much the same way they had removed him—in secret and with no advance notice.”
No Frontiers previously reached out to Ábrego García’s attorneys to speak on his condition and experience in CECOT, but his counsel has declined interviews until the case is fully settled.
At this time, it’s unclear whether DHS will initiate third-country deportation proceedings, whether ICE will comply with the judge’s orders to refrain from detaining Ábrego García without due process a second time, and send him back to CECOT.
What’s just as uncertain are the secretive agreements the Trump administration has made with third countries to accept deported migrants and asylum seekers. MIGRANT INSIDER has just reported on lawmakers demanding answers and transparency from the U.S. government regarding their third-country deportation program. How is it being funded? And what exactly are the agreements? Read below:
And in case you missed it, The Intercept reported in late June that the Trump administration is growing its network of “global gulag” prisons to accept deported migrants, pursuing deals with at least 53 countries by threatening them with travel ban restrictions if they don’t comply.