A man in the center of a high-profile legal standoff over the Trump administration’s authoritarian immigration policies has returned to his Maryland home after being freed from detention on a judge’s order. The latest twist in an immigration fight that has spanned multiple countries may not be the last word on the matter, with the Trump administration still seeking to deport the man the courts have said must be allowed to stay in the United States.
The man wrongfully deported is now freed from ICE custody
Kilmer Abrego Garcia returned home after a federal judge ruled that he be released from the custody of Immigration and Customs Enforcement. U.S. District Judge Paula Xinis ruled that the Trump administration had never obtained a valid removal order against Abrego Garcia, whose March arrest by ICE kicked off a months-long fight over his ability to stay in the United States. Because federal authorities didn’t have “statutory authority to remove Abrego Garcia to a third country absent a removal order, his removal cannot be considered reasonably foreseeable, imminent, or consistent with due process,” Xinis ruled.
Abrego Garcia appeared before Xinis on Friday morning for a mandatory ICE check-in. At that time, Xinis issued an order barring immigration authorities from putting him back in custody as the judge deliberated on a request by Abrego Garcia for a restraining order against the Trump administration. Xinis also reiterated an earlier ruling requiring federal authorities to give Abrego Garcia a 72-hour written notice if the government intends to deport him to another country. Xinis criticized the government, accusing it of having “affirmatively misled” Abrego Garcia and the court concerning plans to deport him to one of several countries, including Uganda, Eswatini, Ghana and Costa Rica.
Arrests and illegal deportation mark a high-profile immigration case
Abrego Garcia, who was born in El Salvador but came to the United States illegally as a teenager after his parents fled violence in that country, was arrested and deported to El Salvador in March despite a federal order prohibiting his deportation. The Trump administration claimed an “administrative error” led to Abrego Garcia being illegally deported to El Salvador, where he was imprisoned in the country’s notorious Terrorism Confinement Center. Abrego Garcia was detained in El Salvador for nearly four months, where he claims to have been tortured, while the Trump administration defied multiple court orders, including a Supreme Court ruling, to facilitate his return. After eventually securing his return to the U.S., the administration again detained Abrego Garcia, accusing him of human trafficking and gang affiliation based on weak evidence that his lawyers have disputed.
The battle over Abrego Garcia’s status is not over. A spokesperson for the Department of Homeland Security called the ruling to release Abrego Garcia “naked judicial activism by an Obama appointed judge.” The department further declared that “this order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.” A lawyer for the newly released man, meanwhile, said, “We remain hopeful that this marks a turning point for Mr. Abrego Garcia, who has endured more than anyone should ever have to.”
For now, Abrego Garcia appears to be secure in his ability to remain in the United States, but additional legal rulings will determine his long-term fate. With the case gaining international attention and emerging as a symbol of the Trump administration’s aggressive and sometimes illegal immigration policies, Abrego Garcia’s status will continue to be decided through a legal and political fight.