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7. Deadline: Legal Blog-Kilmar Abrego Garcia released from criminal custody as deportation threat looms
Fri Aug 22, 2025, 03:50 PM
Aug 22

Abrego won release from criminal custody in Tennessee. But the administration has signaled it still wants to deport him.

BREAKING: Kilmar Abrego Garcia released from criminal custody as deportation threat looms

MSNBC (@msnbc.com) 2025-08-22T19:21:30.959Z

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/kilmar-abrego-garcia-release-order-trump-ice-el-salvador-rcna219103

After his release in Tennessee, Abrego is set to travel to Maryland, where he was living before his removal in March. The government said in a court filing that it didn’t object to him being given two days to travel to Maryland after his release from criminal custody, with the understanding that he would be placed on electronic monitoring before his release.

Abrego’s lawyers said they were retaining a private security firm to transport him from Tennessee to Maryland. They also requested that, if Abrego is taken into immigration custody when he returns to Maryland, that the authorities ensure that he has access to his lawyers to prepare for his criminal trial.

In the same filing in which the government said it didn’t object to him having two days to return to Maryland, it said it wouldn’t oppose his lawyers having access to him if he is taken into immigration custody “at a future point.” But it also said that if he is deported, then “the United States would no longer be in a position to facilitate the Defendant’s access to his attorneys at that point.”....

U.S. District Judge Paula Xinis, who ordered his return after the government illegally sent him to El Salvador in March, said in a July 23 order that the government can’t take him into immigration custody in Tennessee but must restore him to immigration supervision in Baltimore (which he was under prior to his unlawful removal in March), and that if the government commences “third-country removal proceedings” against Abrego, then he and his lawyers need at least three days’ notice so he can contest such a removal.....

In the latter, Abrego’s lawyers recently filed a motion to dismiss his charges on the grounds that the administration singled him out for vengeance after he fought for his lawful return to the U.S., arguing that he was charged “because he refused to acquiesce in the government’s violation of his due process rights,” and that the criminal case “results from the government’s concerted effort to punish him for having the audacity to fight back, rather than accept a brutal injustice.”

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