Accused MS-13 gang member Kilmar Abrego Garcia walked free from a Tennessee jail Friday, thanks to a rogue judge’s order — only to face a new problem.
Garcia, 30, a Salvadoran national accused of human trafficking, was released under strict home detention and allowed to rejoin his family in Maryland. But the Trump administration is moving to deport him — this time not to El Salvador, but all the way to Uganda.
DHS officials confirmed that ICE has notified Abrego Garcia’s lawyers that he could be deported “no earlier than 72 hours from now,” Fox News’ Bill Melugin reported.
Abrego Garcia had been locked up at Putnam County Jail in Cookeville, Tennessee, since June after the Trump administration arranged his return from El Salvador to face federal human smuggling charges. He was indicted by a grand jury on conspiracy and unlawful transport of migrants after being pulled over in a 2022 traffic stop with eight passengers crammed into his car and no luggage.
In March of this year, immigration officials mistakenly deported him to El Salvador, where he landed in the country’s mega-prison CECOT alongside gang leaders and cartel thugs. DHS later admitted it was an “administrative error” — but also said he had been “confirmed to be a ranking member of the MS-13 gang by a proven and reliable source.”
His release on Friday followed a ruling by U.S. Magistrate Judge Barbara Holmes, who set tight conditions: an ankle monitor, home confinement at his brother’s Maryland residence, and supervised trips only for work, church, or other approved activities. His attorneys even hired a private security team to escort him across state lines after Holmes signed off on his transfer.
His lawyer Sean Hecker framed the release as a triumph against the administration. “Today, Kilmar Abrego Garcia is free. He is presently en route to his family in Maryland, after being unlawfully arrested and deported, and then imprisoned, all because of the government’s vindictive attack on a man who had the courage to fight back,” Hecker told Fox 17.
Garcia wasn’t “mistakenly deported,” however. He was “mistakenly deported” to El Salvador. He was confirmed in court proceedings to be an illegal migrant.
DHS Secretary Kristi Noem blasted the Obama-appointed judge’s decision to release Garcia from detention.
“Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country,” Noem wrote on X. “Today, we reached a new low with this publicity hungry Maryland judge mandating this illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator be allowed free. By ordering this monster loose on America’s streets, this judge has shown a complete disregard for the safety of the American people. We will not stop fighting till this Salvadoran man faces justice and is OUT of our country.”
The White House added that his release was an “insult.”
“Abrego Garcia is a criminal illegal alien, wife-beater, and an MS-13 gang member facing serious charges of human smuggling,” spokesperson Abigail Jackson said. “He will face justice for his crimes. It’s an insult to his victims that this left-wing magistrate intervened to put him back on the streets. Garcia will be subject to ankle monitoring to ensure the safety of the American public until further action can be taken.”
DHS has made clear it’s done playing games. With El Salvador ruled out, officials have drawn up a list of “third countries” willing to take him.