BALTIMORE (AP) — In a landmark ruling, a federal judge has ordered that U.S. immigration officials cannot detain Kilmar Abrego Garcia again, just hours after his release from immigration detention. This decision comes as a significant victory for Abrego Garcia and his legal team, who had sought to prevent his re-detention following a tumultuous legal journey.
On Friday morning, Abrego Garcia attended a scheduled appointment at an Immigration and Customs Enforcement (ICE) field office, approximately 14 hours after he was freed from detention based on a judge’s directive. His lawyers immediately requested that the judge impose a temporary restraining order to block any further detainment by immigration officials. U.S. District Judge Paula Xinis of Maryland ruled that authorities could not re-detain him until a hearing on this motion is held. Judge Xinis emphasized that Abrego Garcia is likely to succeed in any future requests for relief from ICE detention.
In her written decision, Judge Xinis highlighted the importance of maintaining public confidence in the judicial system, stating, “For the public to have any faith in the orderly administration of justice, the Court’s narrowly crafted remedy cannot be so quickly and easily upended without further briefing and consideration.” This ruling underscores the delicate balance between immigration enforcement and the rights of individuals facing deportation.
Abrego Garcia has become a symbol of the aggressive immigration policies of the Trump administration. Earlier this year, he was wrongfully deported to a notorious prison in El Salvador, a country where he faces significant threats due to gang violence targeting his family. Abrego Garcia, a Salvadoran citizen, has lived in Maryland for several years with his American wife and child. He entered the U.S. illegally as a teenager to reunite with his brother, who had become a U.S. citizen. In 2019, he was granted protection from deportation due to a well-founded fear of persecution in El Salvador.
After his release, Abrego Garcia addressed supporters at a news conference, stating, “I stand before you a free man and I want you to remember me this way, with my head held up high.” He expressed gratitude for the support he received and urged others to continue fighting against injustices. “This is a country of laws, and I believe that this injustice will come to an end,” he affirmed.
Despite his release, the legal battle is far from over. ICE had previously sought to deport Abrego Garcia to various African countries, despite the 2019 ruling affirming his fears of returning to El Salvador. His attorney, Simon Sandoval-Moshenberg, remains vigilant, asserting that the government possesses numerous avenues to pursue deportation again. “We’re going to be there to fight to make sure there is a fair trial,” he stated, highlighting the ongoing struggle that many face in the U.S. immigration system.
The Department of Homeland Security (DHS) criticized Judge Xinis’ ruling, labeling it “naked judicial activism,” and has indicated plans to appeal. Tricia McLaughlin, the department’s assistant secretary, asserted that the order lacks a valid legal basis and expressed the government’s intention to contest it vigorously in court.
In addition to the immigration issues, Abrego Garcia is facing human smuggling charges linked to an incident during a traffic stop in Tennessee in 2022. Prosecutors allege that he accepted payment to transport individuals illegally within the United States. However, body camera footage from the traffic stop suggests a calm interaction with law enforcement, raising questions about the validity of the charges against him.
As Abrego Garcia continues to navigate these complicated legal challenges, his case remains a pivotal example of the broader issues surrounding immigration policy and the rights of individuals seeking asylum in the United States. The outcome of this case may have significant implications for many others in similar situations.