• Federal judge signals intent to block rapid deportation of Kilmar Abrego Garcia, an accused MS-13 smuggler previously removed in error. The court challenged ICE’s handling of the case and demanded transparency in removal procedures, raising concerns over due process and agency accountability under the Trump administration’s immigration policies.

GREENBELT, MD (TDR) — A federal judge sharply rebuked the Trump administration’s immigration enforcement on Friday, indicating she may impose restrictions to prevent Immigration and Customs Enforcement (ICE) from swiftly deporting Kilmar Abrego Garcia, an accused MS-13 smuggler mistakenly removed to El Salvador in 2023 before facing U.S. criminal charges.

U.S. District Judge Paula Xinis, appointed by President Obama, expressed alarm that ICE might immediately deport Abrego Garcia if he is released from custody after a Tennessee court hearing scheduled for Wednesday. “You have taken the presumption of regularity and you have destroyed it, in my view,” Xinis told Justice Department attorneys in a tense courtroom exchange.

Judge Signals Impending Order

Xinis suggested she would soon issue a narrowly tailored order—possibly requiring 48 to 72 hours’ notice before any removal action. The move comes amid growing scrutiny of ICE’s opaque detention and removal practices, especially in cases where individuals face criminal prosecution or existing court protections.

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Abrego Garcia’s legal team has asked the court to require the government to return him to Maryland and grant advance notice of any deportation attempt. The Justice Department, however, contends that such orders interfere with ICE’s routine enforcement discretion and violate jurisdictional boundaries.

Government Witness Rebuked in Court

The court’s ire focused on ICE official Thomas Giles, who testified Thursday about the agency’s expected handling of Abrego Garcia’s case. Giles, who helps oversee ICE’s 25 field offices, admitted under oath that he only learned about the case through media coverage and did not contact the local field office that would process Abrego Garcia.

“He didn’t call anyone. He didn’t look at anything,” said Judge Xinis. “That insults my intelligence.”

She went on to describe Giles’s lack of preparation as “fairly stunning” and criticized ICE’s failure to provide basic procedural clarity in a high-stakes removal scenario. Giles’s admission significantly weakened the government’s case that standard procedures would adequately protect Abrego Garcia’s due process rights.

DOJ Pushes Back on Jurisdiction

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Justice Department attorney Sarmad Khojasteh argued that the court has no authority to intervene in a future deportation action and that ICE would treat the matter like any “garden-variety case.” He warned against judicial overreach based on speculation.

“It defies reality,” Xinis replied. “This case is anything but garden variety.”

Abrego Garcia, who has pleaded not guilty to human smuggling and MS-13-related charges, was previously deported in error despite being protected under a 2019 court ruling. He was held for weeks in a Salvadoran megaprison before being returned to the U.S. last month following a new federal indictment.

The administration now faces a legal and public relations dilemma: how to reconcile aggressive immigration enforcement with constitutional limits and judicial oversight—especially in politically sensitive cases like this one.

Is the federal government using due process as a loophole—or is it ICE that’s acting without accountability?

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