A federal judge has mandated the immediate release of Kilmar Abrego Garcia from immigration detention, a significant ruling that highlights the complexities of immigration law and human rights. On Thursday, U.S. District Judge Paula Xinis stated in her order that Abrego Garcia's wrongful detention began in El Salvador and that he has been re-detained without lawful authority. Judge Xinis emphasized that the absence of a removal order obstructs the government's ability to deport Abrego Garcia from the United States.
Abrego Garcia, a native of El Salvador who had been residing in Maryland with his wife and children, faced deportation in March to the infamous CECOT mega-prison in El Salvador. This deportation occurred despite a 2019 court ruling prohibiting his removal due to credible fears of persecution. The Trump administration had accused him of being associated with the criminal gang MS-13, a claim he vehemently denies.
In June, Abrego Garcia was brought back to the U.S. to address human smuggling charges in Tennessee, to which he has pleaded not guilty. Following his release into the custody of his brother in Maryland pending trial, he was subsequently detained again by immigration authorities, and is currently held in a detention facility in Pennsylvania.
In response to the ruling, Department of Homeland Security spokesperson Tricia McLaughlin expressed her discontent on social media, labeling the decision as "naked judicial activism" by an Obama-appointed judge. She claimed that the order lacks any valid legal foundation and asserted that the government would continue to contest it vigorously in the courts.
Last month, the federal government sought to deport Abrego Garcia to Liberia, requesting Judge Xinis to lift a ban on his removal to that country. They argued that they had received guarantees from the Liberian government ensuring he would not face persecution or torture upon deportation. However, in her Thursday order, Judge Xinis instructed the government to inform Abrego Garcia of the precise time and location of his release and to update the court by 5 p.m. ET that same day.
In her comprehensive 31-page order granting Abrego Garcia's habeas petition, Judge Xinis meticulously chronicled the series of events leading to Abrego Garcia's removal to El Salvador, his subsequent return to the U.S. for criminal proceedings, and his re-detention in immigration custody. She noted that the circumstances surrounding Abrego Garcia's detention after his release from criminal custody contradict the "basic purpose" of holding him for removal.
According to Judge Xinis, the government had the option to remove Abrego Garcia to Costa Rica, which he preferred. However, their decision to eliminate Costa Rica as a viable option backfired, as the Costa Rican government, through Minister Zamora Cordero, reaffirmed to various news outlets that their offer to grant Abrego Garcia residence and refugee status was unwavering and unconditional.
Judge Xinis pointed out that during Abrego Garcia's time in ICE custody, the government notified him of plans to expel him to Uganda, followed by Eswatini, and then Ghana. However, none of these countries were considered viable options for his removal, according to her ruling.
As part of the release process, Abrego Garcia will receive guidance from the United States Pretrial Services Office regarding the conditions imposed during his criminal case. In August, Judge Xinis had already blocked the government from executing Abrego Garcia's removal from the United States until the habeas case challenging his deportation was resolved in court. "The history of Abrego Garcia's case is as well known as it is extraordinary," Xinis remarked in her decision on Thursday, underscoring the ongoing legal battles surrounding immigration and human rights.