A federal judge has ruled for the immediate release of Kilmar Abrego Garcia from Immigration and Customs Enforcement (ICE) custody. This decision comes after he was mistakenly deported and then returned to the U.S. to face criminal charges.
Judge’s Ruling on Detention
US District Judge Paula Xinis, located in Maryland, stated that Mr. Abrego Garcia was re-detained “without lawful authority” upon his return. This ruling allows him to temporarily return to his home in Maryland.
DHS Response
The Department of Homeland Security (DHS) criticized the decision, labeling it as “naked judicial activism” and claiming it lacks any valid legal basis.
Background and Deportation Controversy
This case has become significant within the context of the government’s immigration policies. Mr. Abrego Garcia had been deported to El Salvador in March, despite a 2019 court order preventing his deportation. Judge Xinis confirmed in her ruling that there is no removal order against him, which bars the government from taking further action at this time.
Mr. Abrego Garcia, a resident of Maryland for several years, entered the U.S. illegally as a teenager. He is reportedly married to a U.S. citizen. The previous administration accused him of being affiliated with the MS-13 criminal organization, which he denies.
Court Proceedings and Charges
- In 2019, he was arrested alongside three other men in Maryland.
- He was initially granted protection from deportation due to potential gang persecution in El Salvador.
- In June, he was returned to the U.S. and faced human smuggling charges in Tennessee, to which he pleaded not guilty.
Immigration Custody and Future Actions
After his release from jail in Tennessee, he was placed in his brother’s custody in Maryland. Following a check-in with ICE, he was taken into custody again. Judge Xinis emphasized that he must adhere to the conditions set during his initial release and cannot be deported.
The judge previously halted the government’s attempt to remove Mr. Abrego Garcia to a third country while evaluating his legal challenges. She mentioned that the government had considered relocating him to several African nations including Uganda, Eswatini, and Ghana, which she deemed not viable options. Costa Rica had offered to accept him, but the government did not pursue this opportunity.
Conclusion on Immigration Detention Practices
In her detailed order, spanning 31 pages, Judge Xinis remarked that immigration detention should not serve as punishment and should not extend indefinitely. She criticized the government’s actions and reiterated that the principle of timely third-country removal was not being upheld in this case.
