BALTIMORE (AP) — Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, was released from immigration detention on Thursday, and a judge has temporarily blocked any further efforts to detain him.
Abrego Garcia currently cannot be deported to his home country of El Salvador thanks to a 2019 immigration court order that found he had a 'well-founded fear' of danger there. However, the Trump administration has insisted that he cannot stay in the U.S. Over recent months, officials have proposed deporting him to Uganda, Eswatini, Ghana, and most recently, Liberia.
He is currently fighting his deportation in federal court in Maryland, where his attorneys claim the administration is manipulating the immigration system to punish him for successfully challenging his earlier deportation.
Who is Kilmar Abrego Garcia?
Abrego Garcia is a Salvadoran citizen with an American wife and child who has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager to join his brother and was granted protection from deportation in 2019.
Earlier this year, he was mistakenly deported to El Salvador, defying prior rulings.
In custody since March
Upon being deported in March, Garcia was held in a notoriously brutal Salvadoran prison. The Trump administration initially resisted efforts to bring him back to the U.S., but eventually complied after Supreme Court intervention. He returned in June, only to find himself arrested on human smuggling charges in Tennessee, leading to months in jail before his eventual release.
However, upon reporting to the Baltimore immigration office, he was re-detained. Government plans to deport him were blocked by U.S. District Judge Paula Xinis, who later ruled for his release.
No deportation order
Judge Xinis decided that procedural errors in Garcia’s case meant no formal deportation order existed. This ruling prevented any immediate action for removal, stating that he cannot be deported under current circumstances.
Possible Next Steps
His legal future remains uncertain. Opening his immigration case could present risks, and the government might appeal the judge's decision. The outcome could hinge on various factors, including the independence of immigration judges.
Free for Now
Garcia was released on the condition he report to immigration officials, prompting his attorneys to secure a temporary restraining order against any further detention.
The Criminal Case Continues
Separate from his immigration situation, Garcia faces charges in Tennessee related to human smuggling. He pleads not guilty and is seeking to dismiss the charges based on claims of selective prosecution.
Throughout his experiences, statements by officials have raised allegations of vindictive prosecution, calling into question the motivations behind the legal actions against him.
