Obama Judge Blocks ICE from Grabbing Gang Suspect

SOMKID THONGDEE
SOMKID THONGDEE

A legal decision out of Tennessee is sparking outrage after an Obama-appointed judge intervened to block Immigration and Customs Enforcement (ICE) from immediately arresting a suspected Salvadoran gang member. The ruling grants Kilmar Abrego Garcia a 72-hour buffer after his release from jail, during which federal immigration officers are barred from taking him into custody.

Garcia, currently in custody for his alleged role in a long-running migrant smuggling operation, was set to be transferred directly to ICE once his criminal hold ended. But thanks to a last-minute order by U.S. District Judge Paula Xinis, ICE must now stand down for three full days following his release.

The Trump administration had been pushing for aggressive, immediate deportations in cases involving criminal aliens like Garcia, who is reportedly tied to dangerous cross-border activity. However, the judge’s emergency order temporarily halts that effort—at least in Garcia’s case—citing legal due process concerns raised by his attorneys.

Judge Xinis, appointed by Barack Obama in 2015, sided with a legal team that claims Garcia needs time to prepare for immigration proceedings before being detained again. Critics argue this creates a dangerous window for flight risk or potential reentry into criminal activity.

Garcia’s case is just one of many drawing national attention as the Trump administration cracks down on illegal immigration, particularly in so-called sanctuary jurisdictions. Just last week, the city of Louisville reversed its sanctuary policy under federal pressure, a major win for Trump’s Department of Homeland Security.

The blocked deportation is already raising alarms among law enforcement groups and border hawks. They say rulings like this undermine ICE’s ability to protect communities and dismantle trafficking operations that rely on repeat offenders.

“This is why we’re changing the rules,” said a DHS official close to the case. “When a judge shields a suspected gang member from ICE for three days, that’s not due process—it’s obstruction.”

The judge’s order only applies to this specific instance, but the precedent it sets could ripple across other high-profile deportation cases, especially those involving alleged criminal aliens. The Department of Justice is expected to file an appeal to overturn the delay.

With the 2026 midterms approaching, immigration is once again a major political flashpoint. Republican lawmakers are seizing on stories like Garcia’s to argue that Democrat-appointed judges are interfering with law enforcement and endangering public safety.

Whether Garcia ends up in ICE custody after his 72-hour grace period or slips through the cracks remains to be seen. For now, this case highlights the ongoing legal tug-of-war between federal enforcement and activist courts—a battle that could decide the future of border security in the U.S.