Judge Weighs Release of Kilmar Abrego Garcia from Immigration Detention Amid Controversy

GREENBELT, Md. (AP) — A federal judge in Maryland promised on Thursday to rule as soon as possible on whether to order the release of Kilmar Abrego Garcia from immigration custody.

Abrego Garcia’s mistaken deportation to El Salvador in March, in violation of an earlier court settlement, has galvanized both sides of the debate over President Donald Trump’s immigration policies. Since his return to the U.S. in June, the government has been attempting to deport him to a series of African countries. His attorneys claim the government is wrongfully using the immigration system to retaliate against Abrego Garcia.

U.S. District Judge Paula Xinis previously issued an injunction that prevents his immediate removal. The government has filed a motion to lift this injunction. In court on Thursday, an Immigration and Customs Enforcement officer testified that the current proposal is to send Abrego Garcia to Liberia.

Despite having lived in Maryland for years, Abrego Garcia came to the U.S. illegally as a teenager from El Salvador. An immigration judge granted him protection from deportation in 2019 due to safety concerns in El Salvador. With no option to return there, the government seeks his relocation to a third country.

Abrego Garcia expressed willingness to be deported to Costa Rica, which agreed to accept him previously. However, the government has instead prioritized countries like Uganda and Ghana. Attorney John Cantu indicated in court that removal to Costa Rica is off the table for now but didn't provide a clear reason.

Abrego Garcia's legal team argues that without a final order of removal, his continued detention is unjust. Judge Xinis appeared to concur, stating, You can’t fake it ’till you make it... You’ve got to have it.", "

Even if released, the government is expected to persist in efforts to deport him. Garcia has filed a petition to reopen his case to seek asylum in the U.S. but his chances of success remain uncertain.

Following the hearing, his attorney Simon Sandoval-Moshenberg remarked on the government's lack of justification for not allowing Garcia's move to Costa Rica, suggesting it reflects a retaliatory trend in immigration detention policies.