Judge orders Kilmar Abrego Garcia be immediately released from immigration detention

A federal judge in Maryland ordered Kilmar Abrego Garcia freed from immigration detention Thursday while his legal challenge against his deportation moves forward, handing a major victory to the immigrant whose wrongful deportation to a notorious prison in El Salvador made him a flashpoint in the Trump administration’s immigration enforcement.

U.S. District Judge Paula Xinis ruled that Immigration and Customs Enforcement must let Abrego Garcia go immediately.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” the judge wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”

The Department of Homeland Security was highly critical of the release order and vowed to oppose it, calling it “naked judicial activism” by a judge appointed by President Barack Obama, a Democrat. “This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts,” said Tricia McLaughlin, the department’s assistant secretary.

Messages seeking comment were left with Abrego Garcia’s attorney Simon Sandoval-Moshenberg. The Department of Justice declined to comment on the order.

Abrego Garcia, a Salvadoran national, has an American wife and child and has lived in Maryland for years, but he originally immigrated to the U.S. illegally as a teenager. An immigration judge in 2019 ruled Abrego Garcia could not be deported to El Salvador because he faced danger from a gang that targeted his family. When Abrego Garcia was mistakenly deported there in March, his case became a rallying point for those who oppose President Trump’s immigration crackdown.

Abrego Garcia was returned to the U.S. under a court order. Since he cannot be deported to El Salvador, ICE has been seeking to deport him to a series of African countries. His lawsuit in federal court claims Trump’s Republican administration is illegally using the deportation process to punish Abrego Garcia over the embarrassment of his mistaken deportation to El Salvador.

In her order releasing Abrego Garcia, Xinis wrote that federal authorities “did not just stonewall” the court, “They affirmatively misled the tribunal.” The reference was made to the successive list of four African countries that officials had sought to remove Abrego Garcia to and submitted affirmations that Costa Rica had rescinded its offer to accept him — later determined to be untrue.

“But Costa Rica had never wavered in its commitment to receive Abrego Garcia, just as Abrego Garcia never wavered in his commitment to resettle there,” the judge wrote.

Xinis also dismissed the federal government’s arguments that the court did not have jurisdiction to rule on a final order of removal, noting that order had not been filed.

“Thus, Abrego Garcia’s request for immediate release cannot touch upon the execution of a removal order if no such order exists,” she wrote.

Meanwhile, in a separate action in immigration court, Abrego Garcia is petitioning to reopen his immigration case to seek asylum in the United States.

Additionally, Abrego Garcia is facing criminal charges in federal court in Tennessee, where he has pleaded not guilty to human smuggling. He has filed a motion to dismiss the charges, claiming the prosecution is vindictive.

His defense attorney in the Tennessee case, Sean Hecker, declined to comment.

A judge in that case has ordered an evidentiary hearing to be held on the motion after previously finding some evidence that the prosecution against Abrego Garcia “may be vindictive.” The judge said many statements by Trump administration officials “raise cause for concern.”

The judge specifically cited a statement by Deputy Attorney General Todd Blanche that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful deportation case.

Loller, Seewer and Lauer write for the Associated Press. Loller reported from Nashville, Seewer reported from Toledo, Ohio, and Lauer reported from Philadelphia. AP reporter Alanna Durkin Richer in Washington contributed to this report.