GREENBELT, Md. — A federal court in Maryland has determined that Kilmar Abrego Garcia should be freed from immigration detention while he continues his legal fight against deportation. U.S. District Judge Paula Xinis ordered the Immigration and Customs Enforcement (ICE) to release Abrego Garcia immediately, stating that his re-detention lacked lawful authority.
In her ruling, Judge Xinis emphasized, Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority. This decision highlights the complex issues surrounding Abrego Garcia's case, which began when he was wrongfully deported to El Salvador in March 2023.
A Salvadoran national with an American wife and child, Abrego Garcia originally immigrated illegally to the U.S. as a teenager. An immigration judge previously ruled he could not be sent back to El Salvador because of threats posed by gang violence against his family. His legal challenges gained traction after his mistaken deportation became a focal point for immigration advocates opposing the Trump administration's stringent policies.
Since his return to the U.S. under a court order, ICE has sought to deport him to various African countries. However, his lawsuit argues that the administration is unlawfully utilizing deportation as a form of retribution for the prior misstep that occurred under its jurisdiction.
Meanwhile, Abrego Garcia is simultaneously seeking to reopen his immigration case to pursue asylum in the U.S. In another legal matter, he faces charges in federal court in Tennessee for alleged human smuggling, to which he has pleaded not guilty. His defense claims that the prosecution is driven by vindictive motives.
The outcome of these proceedings will significantly impact Abrego Garcia's future and reflects the ongoing national debate over immigration enforcement and policies.
