Kilmer Abrego Garcia, who is trying to stay in the United States, was released from immigration detention on Thursday after a judge’s ruling, marking a significant success for immigrants facing deportation to dangerous prisons in El Salvador, which became a heated topic during the Trump administration’s immigration policies.
In Maryland, U.S. District Judge Paula Kishinis instructed Immigration and Customs Enforcement to free Abrego-Garcia immediately, stating that his re-detention lacked any legal basis following his return to the U.S.
Shortly after being released, Abrego-Garcia arrived back at his home in Maryland around 5 p.m., dressed in a white shirt and an orange hat. This timing matched a judge’s deadline for the government to provide updates on his situation.
Having entered the U.S. illegally as a teenager, he has spent several years in Maryland with his American wife and children.
Abrego-Garcia was being held at the Moshannon Valley Processing Center, located about 115 miles northeast of Pittsburgh.
His attorney, Simon Sandoval Moschenberg, expressed uncertainty about the next steps but is preparing to protect his client from any further attempts at deportation.
“The government still has a lot of options and strategies available,” Sandoval Moschenberg remarked, anticipating potential future deportation efforts. “We intend to ensure that there’s a fair trial,” he added.
The Department of Homeland Security responded harshly to the judge’s decision, labeling it as “naked judicial activism” from a judge appointed in the Obama era, and pledged to appeal.
According to Tricia McLaughlin, the department’s assistant secretary, the ruling lacks a solid legal foundation, and they will vigorously contest it in court.
Sandoval-Moshenberg noted that the judge emphasized the government cannot detain individuals indefinitely without proper legal authority, pointing out that his client “has suffered more than anyone should.”
An immigration judge had determined in 2019 that Abrego Garcia, originally from El Salvador, couldn’t be sent back due to threats from gangs targeting his family.
After mistakenly being sent back in March, his case gained attention among those opposing the immigration actions of President Trump.
Subsequent to that, the court mandated his return to the U.S. However, since he can’t be extradited to El Salvador, ICE is now attempting to deport him to various African countries.
Abrego-Garcia’s federal lawsuit claims the Trump administration is improperly using deportation to retaliate against him for the embarrassment caused by his earlier deportation.
In the release order, Judge Kunis stated that federal authorities “not only obstructed” the judicial process but also “positively misled the court.”
The judge referred to a list of four African nations from which they sought Abrego-Garcia’s removal, highlighting the lack of commitments from those countries, and challenged claims that Costa Rica had retracted its offer to accept him, which was proven false.
“But Abrego-Garcia maintained his resolve to resettle in Costa Rica, just as Costa Rica remained committed to welcoming him,” the judge remarked.
Mr. Sinis dismissed the government’s claim that it had no power to intervene in Abrego-Garcia’s final order of removal, as it was determined that no final order had been issued.
In a separate matter, Abrego-Garcia is petitioning an immigration court to reconsider his case for asylum in the United States.
Additionally, he faces criminal charges in Tennessee, where he has pleaded not guilty to human smuggling allegations. He requested the federal court to dismiss these charges, asserting that there is a vendetta against him.
A Tennessee defense attorney, Sean Hecker, chose not to comment.
The judge previously mandated an evidentiary hearing after discovering sufficient evidence that the charges could potentially be convincing.
The judge also noted several remarks from Trump administration officials that raised concerns, including a statement from Deputy Attorney General Todd Blanche, which suggested that the Justice Department may be prosecuting Abrego-Garcia due to his success in a wrongful deportation case.
