BALTIMORE (AP) — Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, was released from immigration detention on Thursday, and a judge has temporarily blocked any further efforts to detain him.
Abrego Garcia currently can’t be deported to his home country of El Salvador thanks to a 2019 immigration court order that found he had a “well-founded fear” of danger there. However, the Trump administration has maintained that he cannot legally stay in the U.S. Over recent months, officials have suggested possible deportations to Uganda, Eswatini, Ghana, and more recently, Liberia.
Abrego Garcia is challenging his deportation in federal court in Maryland, with his attorneys arguing that the administration is manipulating the immigration system against him for successfully contesting his prior deportation.
Who is Kilmar Abrego Garcia?
Abrego Garcia is a Salvadoran citizen with an American wife and child who has lived in Maryland for years. He immigrated illegally as a teenager to join his brother, a U.S. citizen. In 2019, he was granted protection from deportation due to his fear for his life in El Salvador.
However, earlier this year he was mistakenly deported to El Salvador, despite the judicial protection.
In custody since March
Upon his deportation, Abrego Garcia was placed in a notoriously brutal Salvadoran prison, despite having no criminal background. The Trump administration initially contested efforts to return him to the U.S. but eventually complied following a Supreme Court intervention. He returned to the U.S. in June, only to be arrested on charges of human smuggling in Tennessee, where he spent more than two months in jail before being released on home detention.
His brief freedom was cut short; he was immediately taken into custody again upon reporting to the immigration office in Baltimore. The government aimed to deport him again, but this was halted by U.S. District Judge Paula Xinis in Maryland.
No deportation order
On Thursday, after several months of legal proceedings, Xinis ruled that Abrego Garcia should be released. The ruling was influenced by what appeared to be a procedural error in his 2019 immigration judge's ruling.
Typically, an immigration judge would issue a removal order before granting withholding of removal, but that first step was not taken in his case. The judge's ruling thus found that without a concrete order of removal, Abrego Garcia could not be deported.
Possible next steps
To rectify the removal order situation, reopening the immigration case would be necessary, although this also poses risks as his attorneys may seek other protective forms, like asylum. Immigration judges tend to be less independent than federal judges, raising concerns about potential bias if the administration wishes to direct outcomes.
Alternatively, the government may appeal Xinis' order to the 4th U.S. Circuit Court of Appeals, which could further complicate the scenario if it rules in favor of the government.
Free for now
After being released from detention, Garcia has been ordered to report to immigration officials, leading his attorneys to seek a temporary restraining order from Judge Xinis, preventing his immediate re-detention.
A hearing on this could take place soon, however, Garcia’s situation remains precarious.
The criminal case continues
Gallifrey is also fighting criminal charges connected to alleged human smuggling in Tennessee, where prosecutors argue he accepted money for transporting undocumented individuals. Abrego Garcia has pleaded not guilty and sought dismissal of these charges, claiming they stem from selective prosecution. Judge Crenshaw noted potential evidence indicating that the prosecution may be vindictive.
