Washington — A federal judge in Maryland has made a significant move by ordering the release of Kilmar Abrego Garcia. This Salvadoran national was wrongly deported to his home country earlier this year but is now expected to be freed from immigration detention.
The ruling was made by U.S. District Judge Paula Xinis, who granted Abrego Garcia’s habeas petition, marking a major win for him. His case has been at the forefront of discussions surrounding President Trump’s mass-deportation policies after he was sent back to El Salvador.
Judge Xinis pointed out that the government had not issued a valid final removal order against Abrego Garcia, despite the Trump administration’s persistent efforts to deport him. “Due to the absence of statutory authority for his removal to another country without an actual removal order, it’s clear that his deportation isn’t just imminent or aligned with due process,” Xinis explained in her order.
She also noted, “Although the respondents might eventually correct this mistake, they haven’t done so yet. Therefore, the detention of Abrego Garcia for the mere purpose of third-country removal cannot be justified. The administration’s actions over recent months suggest that his detention is not primarily about actual removal, strengthening the case for his immediate release.”
In response to the ruling, Tricia McLaughlin, Assistant Secretary of the Department of Homeland Security, criticized it as “naked judicial activism,” labeling it invalid. “This ruling lacks a real legal ground, and we intend to contest it vigorously,” she stated.
The Trump administration has attempted to deport Abrego Garcia to various African nations, including Uganda, Eswatini, and Ghana, but these countries have refused to take him. However, in October, they notified the court that Liberia had agreed to accept him and that plans were in motion for his deportation.
Doctors and DOJ lawyers mentioned that the administration had received assurances about how those deported from the U.S. would be treated in Liberia and indicated it was nearly ready to finalize arrangements for Abrego Garcia’s removal.
Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, made it clear in October that if Liberia did not promise not to send him back to El Salvador, then sending him there would be just as unlawful.
The administration argued in November that he had received extensive due process in the U.S. A U.S. government asylum officer had interviewed him, while at the same time, immigration officials stated that he had not demonstrated any credible risk of facing persecution in Liberia.
Xinis listened to testimonies from immigration officials about the attempts to remove Abrego Garcia, who has been in ICE custody since late August. An ICE official reported ongoing discussions with Eswatini about his deportation there, although that nation rejected the request.
Nevertheless, he stated that if the administration received confirmation from a third country willing to take Abrego Garcia, it could expedite the deportation process within 72 hours, subject to court approval.
Abrego García has expressed his willingness to be deported to Costa Rica, transferring designation there given that the country has offered him either refugee status or residency. However, attorneys mentioned no progress had been made toward deporting him there during the October 10 hearings.
Legal professionals for Abrego Garcia have accused the Trump administration of attempting to extend his detention by targeting countries where he could claim a fear of persecution, increasing their hold on him.
Since coming to the U.S. from El Salvador in 2011, Abrego Garcia has made Maryland his home with his wife and kids. Unfortunately, he was deported back in March, despite having been granted a legal status in 2019 which was supposed to protect him from being sent back to El Salvador due to threats from local gangs.
In a civil suit against the Trump administration, Judge Xinis previously directed the Department of Homeland Security to arrange for his return to the U.S., though immigration officials have fought against this for months. Ultimately, Abrego Garcia returned to the U.S. in June—but not without complications stemming from a grand jury indictment in Tennessee on charges of human smuggling regarding an incident from November 2022.
He has pleaded not guilty, and a Tennessee judge approved his bail ahead of a criminal trial scheduled for January. Despite this, concerns from his lawyers relating to an ice hold upon his release meant he remained confined for weeks after release. Abrego Garcia was subsequently released from the Putnam County Jail in Tennessee and returned home to Maryland, only to be detained again by immigration officials after appearing for an interview in Baltimore.
Throughout these challenges, Abrego Garcia has consistently stated he fears persecution and torture if sent to Uganda and worried that the Ugandan authorities may return him to El Salvador.
He filed yet another legal challenge against his detention and impending removal, overseen by Judge Xinis, who has now issued a hold on immigration authorities removing him from the U.S. He continues to remain housed at a facility in Pennsylvania as this situation unfolds.
Central to his appeals is a 2001 Supreme Court ruling which established that indefinite detention is not permissible without a reasonable certainty of removal within a short time frame.
His attorneys highlighted that since March, he has been almost continuously held, collectively experiencing confinement in El Salvador and two brief periods of freedom, the latter occurring over a weekend in August between his releases.
