GREENBELT, Md. (AP) — A federal judge in Maryland has ordered Kilmar Abrego Garcia to be released from immigration detention while his legal challenge against deportation continues. U.S. District Judge Paula Xinis mandated that Immigration and Customs Enforcement (ICE) must ensure Garcia's immediate release, emphasizing the unlawful nature of his continued detention.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” the judge stated.
Garcia, a Salvadoran national, has an American wife and child and has been residing in Maryland for years. He originally immigrated to the U.S. illegally as a teenager. In 2019, an immigration judge ruled that he could not be deported to El Salvador due to threats from gangs targeting his family. Nevertheless, Garcia was mistakenly deported to El Salvador in March, which catalyzed protests against President Donald Trump's immigration policies.
Upon his return to the U.S. under court order, ICE has sought to deport him to various African countries as an alternative, amidst ongoing legal allegations concerning the use of the deportation process as punitive measures. Garcia's arguments in court claim the administration's actions are not only retaliatory but also illegal due to the circumstances surrounding his case.
In addition to this legal battle, Abrego Garcia is petitioning to reopen his immigration case to seek asylum in the U.S. and is currently facing unrelated criminal charges in Tennessee regarding alleged human smuggling, to which he has pleaded not guilty. He has also filed a motion to dismiss these charges, citing vindictiveness in prosecution.
