Update: MS-13 Gang Member Kilmar Abrego Garcia Remains in Custody of US Marshals After Obama Judge Orders Him to be Released |

Update: Kilmar Abrego Garcia, a member of the notorious MS-13 gang, finds himself in a state of limbo after a controversial ruling by a federal judge appointed during the Obama administration led to his unexpected release from a Tennessee prison.

In a rather perplexing turn of events, a Tennessee federal judge ordered Garcia’s release on Wednesday, only for a Maryland judge—also an Obama appointee—to promptly intervene, blocking ICE from detaining him. This judicial tango has drawn sharp criticism from various quarters.

Previously, a federal magistrate judge in Tennessee had opted to postpone Garcia’s release, ostensibly to prevent his deportation. Adding to the drama, a federal grand jury in Tennessee has recently indicted Garcia for “transporting undocumented migrants within the United States.” He faces charges that include conspiracy to transport aliens and unlawful transportation of undocumented individuals.

According to the Department of Justice (DOJ), Garcia is slated for deportation to a “third country” that isn’t El Salvador once he is released from the Tennessee facility. However, this plan now hangs in the balance.

On that fateful Wednesday, US District Judge Waverly Crenshaw ordered Garcia’s release, igniting a firestorm of criticism.

Judge Paula Xinis, who is overseeing a civil suit filed by Garcia’s wife, swiftly issued a ruling preventing ICE from taking him into custody, further complicating the situation. The Department of Homeland Security did not hold back, labeling the judge as “lawless” in a pointed public statement.

This is a LAWLESS judge. This MS-13 gang member, human trafficker, and illegal alien will never walk America’s streets again. https://t.co/ExxDKVlZNc

— Homeland Security (@DHSgov) July 23, 2025

However, later that same day, the DOJ clarified that Garcia remains in custody. His release conditions have been paused for 30 days, pending further developments, meaning he will continue to be held by the United States Marshals.

Abrego Garcia remains in @USMarshalsHQ custody. https://t.co/gSTgS4gfox pic.twitter.com/9CsBWBVAt1

— Chad Gilmartin (@ChadGilmartinCA) July 24, 2025