A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration detention, declaring his confinement unlawful. U.S. District Judge Paula Xinis issued her order, emphasizing that Abrego Garcia has been subject to wrongful detention since his deportation to El Salvador. Xinis noted that the absence of a removal order prevents the government from proceeding with his deportation from the United States.
Abrego Garcia, originally from El Salvador, had been living in Maryland with his family before his deportation in March to a Salvadoran mega-prison. This action occurred despite a 2019 court ruling that forbade his expulsion due to concerns he would face persecution. The Trump administration claimed he was affiliated with the criminal gang MS-13, allegations he has consistently denied.
After being brought back to the U.S. in June to confront human smuggling charges in Tennessee—of which he has pleaded not guilty—Abrego Garcia was released pending trial but was subsequently re-detained by immigration authorities. This led to his current confinement in a Pennsylvania detention facility, which prompted Xinis to take action.
In the wake of the court ruling, Department of Homeland Security spokesperson Tricia McLaughlin criticized the decision, labeling it as “naked judicial activism” and asserting that the agency would challenge the ruling vigorously.
The federal government had sought to deport Abrego Garcia to Liberia, requesting Judge Xinis to lift a ban on his removal, citing assurances from the Liberian government about his safety. However, Judge Xinis insisted in her ruling that the government’s treatment of Abrego Garcia had been improper. She highlighted the government’s failure to consider a viable removal option to Costa Rica, where officials had previously offered him residency and refugee status—an opportunity that the judge noted should have been taken into account.
In her 31-page order, Xinis provided a detailed account of Abrego Garcia’s case, underscoring that his ongoing detention did not align with the purpose of immigration enforcement. She instructed that he must be informed of his release conditions promptly.
The details surrounding Abrego Garcia’s case reflect a complex intersection of immigration policy, judicial oversight, and the rights of individuals facing deportation. As this situation develops, it underscores the critical role of the judiciary in safeguarding legal rights amid contentious immigration debates. The outcome also raises hope for those in similar predicaments, shining a light on the importance of legal recourse in challenging potentially unjust government actions.