Judge blocks ICE from immediately taking Kilmar Abrego Garcia into custody if released

Judge blocks ICE from immediately taking Garcia into custody

A federal judge in Maryland has blocked the Trump administration from taking Kilmar Abrego Garcia into immediate immigration custody if he?s released from jail in Tennessee, where he awaits trial on human smuggling charges.

WASHINGTON - A federal judge in Maryland has blocked the Trump administration from taking Kilmar Abrego Garcia into immediate immigration custody if he’s released from jail in Tennessee, where he awaits trial on human smuggling charges.

Legal fight continues 

What we know:

U.S. District Judge Paula Xinis issued the order Wednesday, requiring the government to give Garcia’s attorneys at least three business days’ notice before initiating deportation proceedings. 

The ruling also restores Garcia’s prior federal supervision, which allowed him to live and work in Maryland before his wrongful deportation to El Salvador earlier this year. 

That supervision had allowed him to live and work in Maryland for years while regularly checking in with immigration authorities.

READ MORE: Kilmar Abrego Garcia's release from federal custody paused by judge

Deportation notice required

In Tennessee, his criminal attorneys are seeking his release from jail pending trial on the condition that he not be taken into ICE custody and deported. On Wednesday, U.S. District Judge Waverly Crenshaw affirmed that Abrego Garcia is eligible for release, ruling that appropriate conditions would mitigate any risk of flight or danger to the community.

Crenshaw referred the case back to U.S. Magistrate Judge Barbara Holmes, who initially found Abrego Garcia eligible for release last month. At the request of his own attorneys, Holmes has delayed issuing a release order. On Wednesday, she signed a new order postponing his release for 30 days.

READ MORE: Kilmar Abrego Garcia pleads not guilty to human trafficking charges