A federal judge has mandated the immediate release of Kilmar Abrego Garcia from immigration detention, citing multiple unlawful detentions throughout his case. U.S. District Judge Paula Xinis issued the order on Thursday, indicating that Abrego Garcia’s ongoing detentions lack lawful authority and are compounded by the absence of a removal order, which she emphasized prevents the government from deporting him.
Abrego Garcia, a native of El Salvador, was living in Maryland with his family until his deportation to El Salvador’s CECOT mega-prison in March. This action went against a 2019 court ruling that prohibited his removal to El Salvador due to fears of persecution. The Trump administration had alleged that he was connected to the MS-13 gang, a claim he vehemently denies.
In June, Abrego Garcia was brought back to the U.S. to face human smuggling charges in Tennessee, which he has pleaded not guilty to. After being released into his brother’s custody in Maryland awaiting trial, he was subsequently detained again by immigration authorities and has since been held in a Pennsylvania detention facility.
Last month, the government sought to expedite Abrego Garcia’s deportation to Liberia, asking Judge Xinis to overturn a ban on his removal to that nation. They asserted that the Liberian government had guaranteed his safety from persecution and torture upon deportation. However, the judge’s recent ruling emphasized that the ongoing detentions are unjustified and do not align with the fundamental purpose of detaining him for removal.
In her detailed 31-page ruling, Judge Xinis chronicled the history of Abrego Garcia’s case, and articulated her reasoning for his immediate release. She noted, “The circumstances of Abrego Garcia’s detention since he was released from criminal custody cannot be squared with the ‘basic purpose’ of holding him to effectuate removal.”
Additionally, Xinis pointed out that while the government attempted to remove him to various countries including Uganda, Eswatini, and Ghana—none of these were viable options. In contrast, she highlighted that Costa Rica had indicated its readiness to provide him with residence and refugee status, criticizing the government’s failure to pursue this option appropriately.
Abrego Garcia is expected to receive further instructions from the United States Pretrial Services Office regarding the conditions of his release, originally set during his earlier criminal case proceedings. Judge Xinis had already intervened in August, preventing the government from detaining Abrego Garcia until the habeas corpus petition contesting his removal was resolved in court.
In her ruling, Xinis emphasized the unusual nature of the historical events surrounding Abrego Garcia’s case, making a strong case for his entitlement to immediate release. She instructed the government to inform Abrego Garcia of the details of his release, ensuring that the process unfolds in a timely manner.
