DHS Vows Abrego Stays in Custody Despite Judges’ Release Order

In a stunning rebuke to judicial authority, the Department of Homeland Security (DHS) publicly vowed to defy federal court orders just hours after judges demanded the release of Kilmar Abrego Garcia and warned against “games.” DHS spokesperson Tricia McLaughlin took to social media platform X, labeling a judge “lawless” and declaring Abrego “will never walk America’s streets again” – repeating claims courts had already dismissed as “bordering on fanciful.” This brazen defiance underscores a systemic pattern of government misconduct that began when U.S. officials accidentally deported Abrego to El Salvador’s torture camps and then fabricated evidence to cover their tracks.

Judicial Orders Ignored Amid Mounting Evidence

Judge Waverly Crenshaw of the Tennessee District Court ordered Abrego’s release on Wednesday, citing a lack of evidence that he posed a flight risk or danger to the community. The ruling dismantled DHS narratives point by point:

• No proof Abrego failed past court appearances or violated protective orders.
• Cooperating witnesses’ claims about MS-13 ties were deemed unreliable and “evolved throughout interviews.”
• Zero evidence linked Abrego to violence, weapons, or drug trafficking.

Crenshaw specifically called the DOJ’s attempts to tie Abrego to MS-13 “poor” and “border[ing] on fanciful,” noting the absence of gang tattoos, affiliations, or witness testimony beyond vague “beliefs.” Separately, Judge Paula Xinis (Maryland District) issued a restraining order barring Immigration and Customs Enforcement (ICE) from taking Abrego into custody or removing him to a third country without 72-hour notice. She cited the government’s “persistent lack of transparency” and “defiance and foot-dragging” after earlier court mandates.

Pattern of Systemic Misconduct

The government’s misconduct began when it deported Abrego to El Salvador despite an explicit immigration court ban. Officials first called it an “accident,” then fired the lawyer who admitted fault and retroactively justified the deportation. Even after the Supreme Court ordered his return, DHS stalled for months, falsely claiming El Salvador controlled the process.

Judge Xinis revealed the government never explained how Abrego returned to the U.S., and failed to notify his family or attorneys. Her ruling noted sanctions remain pending for these violations. Meanwhile, the DOJ constructed a criminal case against Abrego based on testimony from actual traffickers granted immunity – testimony judges found contradictory and unreliable.

DHS Doubles Down on Defiance

Within hours of the rulings, DHS’s McLaughlin escalated hostilities by:

• Repeating debunked claims about Abrego’s gang ties.
• Vowing he would “never walk free,” directly contradicting release orders.
• Attacking Judge Crenshaw as “unhinged.”

Abrego’s attorneys filed an emergency motion condemning McLaughlin’s statements as violations of court rules and due process, warning they “taint the jury pool” and endanger Abrego’s family.

This case exposes more than bureaucratic failure—it reveals a government weaponizing cruelty to avoid accountability. DHS would rather fabricate evidence, defy courts, and publicly attack judges than admit it tortured an innocent man. McLaughlin’s tweets weren’t a misstep; they were a calculated declaration that this administration considers itself above the law. For Americans relying on courts to check executive overreach, that should ring deafening alarm bells. Demand transparency from DHS and support judicial independence today.

Must Know

Q: Why is Kilmar Abrego Garcia’s case significant?
A: It reveals systemic DHS misconduct, including wrongful deportation to torture sites, evidence fabrication, and open defiance of federal judges. The government’s refusal to comply with court orders threatens constitutional checks and balances.

Q: What did judges rule about Abrego’s detention?
A: Two federal judges ordered his release, citing no evidence of flight risk or danger. They dismissed DHS claims about MS-13 ties as “fanciful” and noted cooperating witnesses gave inconsistent statements.

Q: How did DHS respond to the rulings?
A: A DHS spokesperson publicly attacked the judges, repeated debunked allegations, and vowed Abrego would “never walk free”—directly contradicting court mandates within hours.

Q: What consequences could DHS face?
A: Judges have pending sanctions motions against the DOJ for obstructing justice. DHS’s social media posts may also violate due process rights and local court rules, potentially jeopardizing prosecutions.