❓WHAT HAPPENED: A federal judge ordered the release of Kilmar Abrego Garcia, a Salvadoran illegal immigrant and alleged MS-13 gang member, from U.S. Immigration and Customs Enforcement (ICE) custody.
👤WHO WAS INVOLVED: Kilmar Abrego Garcia, U.S. District Court Judge Paula Xinis, and Trump Justice Department (DOJ) lawyers.
📍WHEN & WHERE: Maryland, with the ruling issued on Thursday.
💬KEY QUOTE: “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,” wrote Judge Xinis.
🎯IMPACT: The ruling halts further deportation attempts and releases Garcia after months of legal and procedural disputes.
On Thursday, U.S. District Court Judge Paula Xinis ordered the release of Kilmar Abrego Garcia, a Salvadoran illegal alien, from immigration detention. Garcia had been mistakenly deported to El Salvador earlier this year despite a 2019 ruling that prohibited his removal to his home country due to supposed threats of persecution from local gangs.
Judge Xinis, a Barack Obama appointee, stated in her ruling that “respondents have no statutory authority to remove Abrego Garcia to a third country absent a removal order” and criticized the prolonged detention, saying it could not continue. The Trump administration had attempted to deport Garcia to several African nations, including Uganda and Liberia, but faced diplomatic and legal challenges.
Garcia’s attorney, Simon Sandoval-Moshenberg, argued that deporting him to Liberia or any other third country without guarantees against further deportation to El Salvador was unlawful. Notably, Garcia has also been accused of membership in the violent MS-13 criminal gang and participation in human smuggling.
The Trump administration maintained that Garcia had received due process and cited an immigration judge’s determination that he did not qualify for asylum and that he failed to prove a risk of persecution or torture in Liberia. However, the ruling from Judge Xinis now blocks further deportation attempts and allows Garcia to be released from custody.
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