GREENBELT, Md. — A federal judge has ordered the release of Kilmar Abrego Garcia from immigration detention as his legal battle against deportation proceeds. U.S. District Judge Paula Xinis ruled that Immigration and Customs Enforcement (ICE) must free Abrego Garcia immediately, citing unlawful detention practices.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Judge Xinis stated in her ruling. ”For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”
Garcia, a Salvadoran national, has an American wife and child and has lived in Maryland for years. He entered the U.S. illegally as a teenager, and in 2019 an immigration judge ruled he could not be deported to El Salvador due to threats from gang violence targeting his family. However, he was mistakenly deported in March, which sparked significant public outcry and became a focal point for immigration reform advocates.
Following his return to the U.S. under a court order, ICE sought to deport him to a series of African nations, a move contested in his ongoing federal lawsuit. His legal team argues that the Trump administration is misusing deportation processes as a punitive measure against him due to the prior mistaken deportation.
While his case navigates through the courts, Abrego Garcia is also petitioning to reopen his immigration case to seek asylum in the United States. Additionally, he faces criminal charges in Tennessee, where he has pleaded not guilty to human smuggling. Garcia claims the prosecution is vindictive and has filed motions to dismiss these charges.
