A federal judge on Thursday ordered the immediate release of Kilmar Abrego Garcia, a Salvadoran illegal immigrant and alleged member of the violent MS-13 gang, from U.S. Immigration and Customs Enforcement (ICE) custody.
U.S. District Court Judge Paula Xinis in Maryland ruled that the Trump administration had no statutory authority to remove Garcia to a third country absent a specific removal order. The decision halts further deportation attempts and releases Garcia after months of legal disputes.
Garcia, who was mistakenly deported to El Salvador earlier this year despite a 2019 ruling prohibiting his return to his home country due to threats of persecution from local gangs, had been detained by ICE since then. His attorneys argued that attempting to deport him to Liberia or other nations without guarantees against future deportation to El Salvador violated U.S. immigration law.
In her ruling, Judge Xinis stated: “Respondents’ conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer.” The judge also criticized the prolonged detention, noting it could not continue.
The Trump administration previously maintained that Garcia had received due process and cited an immigration judge’s determination that he did not qualify for asylum and failed to prove a risk of persecution or torture in countries like Liberia. However, Judge Xinis found these efforts unlawful under current immigration statutes.
Garcia’s attorney, Simon Sandoval-Moshenberg, emphasized that the administration’s attempts to deport him to third countries without ensuring he would not be sent back to El Salvador were improper. The ruling effectively blocks all further deportation efforts for Garcia.
