In brief
U.S. District Judge Paula Xinis is considering whether to order Kilmar Abrego Garcia's release from immigration detention, following a mistaken deportation to El Salvador earlier this year. His attorneys argue that the government's attempts to deport him to various African countries are retaliatory after acknowledging the error of the initial deportation. Garcia's legal team emphasizes that without a final order of removal, his continued detention is unjustified. The judge expressed her willingness to expedite the ruling amid concerns over the lack of a removal order.
In a recent court hearing in Greenbelt, Maryland, a federal judge promised to make a swift decision regarding the release of Kilmar Abrego Garcia from immigration custody. Garcia was deported by mistake to El Salvador earlier this year, igniting a heated debate surrounding the Trump administration's immigration policies.
After being returned to the United States in June, the government has attempted to deport him to multiple African nations. Garcia's attorneys argue that this is an unlawful use of the immigration system, meant to punish him publicly due to the embarrassment from his erroneous deportation.
U.S. District Judge Paula Xinis granted an injunction that prevents his immediate deportation, with the government now seeking to lift this order. In Thursday's court session, Immigration and Customs Enforcement representative John Cantu confirmed that sending Garcia to Costa Rica isn't feasible at the moment, lacking substantial reasoning for this claim.
Garcia, who has lived in Maryland for several years with an American wife and child, originally entered the U.S. illegally as a teenager. Despite obtaining protection from deportation after an immigration judge recognized the dangers he would face in El Salvador, the government is now exploring third-country deportation options.
Garcia's legal team pointed out the absence of a final order for his removal from immigration records and emphasized that indefinite detention is unjustifiable. Judge Xinis indicated agreement, stating that the absence of a removal order likely invalidates continued custody.
Even if released, it's anticipated that the government will persist in attempts to deport Garcia, who is also actively seeking to reopen his immigration case to apply for asylum. His attorney criticized the continued litigation regarding his case, questioning the government's motives and stating, 'I can’t think of any reason why we’re still fighting this case.'
