JUST IN: Judge Xinis orders that the Trump Admin "SHALL NOT" take Abrego-Garcia into custody and that includes ICE once [View all]

JUST IN:

Judge Xinis in Kilmar Abrego Garcia's case orders that once he is released from custody in his pending federal criminal case in Tennessee, that the Trump Administration "SHALL NOT" take him into custody and that includes ICE.

storage.courtlistener.com/recap/gov.us...

— Katie Phang (@katiephang.bsky.social) 2025-07-23T18:28:25.755Z

WHOA. This is massive. Judge Xinis relies on her earlier order requiring ICE to "restore the status quo ante" for Mr. Abrego Garcia prior to his wrongful arrest and removal as justification to bar ICE from immediately re-detaining him should be released on bail.

DOJ is certain to appeal.

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-07-23T18:31:53.680Z

Judge Xinis also orders ICE to provide 72 hours notice (excluding weekends and holidays) if they want to deport Mr. Abrego Garcia to a third country.

She says the Trump admin has "done little to assure the Court that absent intervention, Abrego Garcia’s due process rights will be protected"

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-07-23T18:40:01.166Z

Full memorandum opinion here. storage.courtlistener.com/recap/gov.us...

And full order here: storage.courtlistener.com/recap/gov.us...

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-07-23T18:40:45.484Z

Important additional information! The judge in Tennessee just granted Abrego Garcia release on bond with conditions, finding that the DOJ did NOT meet its burden to prove that Mr. Abrego Garcia was a flight risk or such a danger to the community that release must be denied even with conditions.

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-07-23T18:46:49.991Z