GREENBELT, Md. — A federal judge in Maryland has granted Kilmar Abrego Garcia his release from immigration detention while his legal challenge to his deportation is ongoing. U.S. District Judge Paula Xinis directed Immigration and Customs Enforcement (ICE) to release Garcia immediately, noting that he had been detained without lawful authority after being wrongfully deported to El Salvador last March.
Judge Xinis stated, Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority. For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody. This decision follows years of legal battles regarding Garcia's immigration status and deportation prospects.
Garcia, originally from El Salvador, has established his life in the U.S., where he has an American wife and child. His immigration troubles began when he entered the U.S. illegally as a teenager. In 2019, an immigration judge ruled that he could not be deported to El Salvador due to threats from gangs targeting his family.
Following an erroneous deportation to El Salvador earlier this year, Garcia's case garnered significant attention, becoming a rallying point for advocates opposing strict immigration policies from President Trump’s administration.
Upon his return to the U.S., ICE attempted to deport him to several African countries, a move Garcia’s lawsuit argues is a retaliatory action against him for the administration's earlier error. Currently, Garcia is also pursuing a petition in immigration court to reopen his case and seek asylum.
In addition to his immigration struggles, Garcia is facing criminal charges in Tennessee related to human smuggling, charges he contests as being vindictive in nature. His legal team is actively working to dismiss these charges.
