Jun 25, 2025 - Politics & Policy

Abrego Garcia ordered released from prison but still faces deportation

Jason Lalljee

Child holds a sign that says "Unlawfully taken & Disappeared: Bring Kilmar home to his family" — Despite conceding that Kilmar Abrego Garcia's removal was a mistake, the Trump administration later accused him of being a criminal. Photo by Tasos Katopodis/Getty Images

A Tennessee judge on Wednesday ordered that Kilmar Abrego Garcia, a Maryland resident who was erroneously deported to El Salvador and returned to the U.S., be released from prison while awaiting trial.

Why it matters: However, U.S. District Judge Waverly Crenshaw acknowledged in his opinion that Abrego Garcia is still likely to be deported to El Salvador despite being released.

What they're saying: "The Executive Branch is in control of where Defendant Kilmar Armando Abrego Garcia awaits trial in this case," Crenshaw acknowledged in the Wednesday decision. "This is true because the Executive Branch can elect whether to hold him for pending deportation proceedings or not."

Despite conceding that Abrego Garcia's removal was a mistake, the Trump administration later accused Abrego Garcia of being a criminal and a member of the MS-13 gang, which Abrego Garcia's attorneys have denied.

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Abrego Garcia ordered released from prison but still faces deportation

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