BALTIMORE (AP) — Kilmar Abrego Garcia, who mistakenly faced deportation, has become a focal point in the debate over former President Donald Trump’s immigration policies. On Thursday, he was released from detention, with a judge blocking any future detention efforts temporarily.
Although a 2019 court order protects Abrego Garcia from being deported to El Salvador due to a “well founded fear” of danger, the Trump administration contended he could not remain in the U.S. Officials proposed deporting him to various countries, including Uganda, Eswatini, and Ghana, and most recently, Liberia.
Abrego Garcia is contesting his deportation in a Maryland federal court, with his legal team asserting that the administration is misusing the immigration system to penalize him for contesting his initial deportation.
Background on Kilmar Abrego Garcia
A Salvadoran national, Abrego Garcia has resided in Maryland for numerous years with his American wife and child. He entered the U.S. illegally as a teenager to reunite with his brother, a U.S. citizen. In 2019, an immigration judge ruled in his favor, preventing his deportation to El Salvador.
Despite being permitted to reside and work in the U.S. under supervision, he was not granted residency. Earlier in the year, he was wrongfully deported to El Salvador, contrary to the prior court decision.
Detention Since March
Upon his deportation in March, Abrego Garcia was confined in a harsh Salvadoran prison, notwithstanding his clean criminal record.
Initially, the Trump administration resisted efforts to return him to the U.S. but eventually complied following intervention by the U.S. Supreme Court. After returning to the U.S. in June, he faced human smuggling charges and was detained in Tennessee for over two months before being released on August 22.
His release was short-lived. After reporting to Baltimore’s immigration office, he was again taken into custody. Plans to deport him to African countries were halted by U.S. District Judge Paula Xinis in Maryland.
Legal Proceedings and Judgments
On Thursday, Judge Xinis ordered Abrego Garcia’s immediate release, citing a procedural oversight by the 2019 immigration judge. According to attorney Andrew Rankin, typically, an immigration judge issues an order of removal followed by a “withholding of removal” order. In this case, while the judge granted withholding of removal due to threats in El Salvador, the initial removal order was never issued. The government’s argument that the removal order was implicit was rejected by Xinis.
Without a formal removal order, Abrego Garcia is currently shielded from deportation.
Future Implications
To issue a removal order, the case would need to return to immigration court, which could be risky as Abrego Garcia’s lawyers might push for asylum or other relief. Immigration courts, part of the executive branch, are perceived as less independent than federal courts.
“There might be independence in some areas, but if the administration wants a certain result, by all accounts it seems they’re going to exert the pressure on the individuals to get that result,” Rankin said. “I hope he gets a fair shake, and two lawyers make arguments — somebody wins, somebody loses — instead of giving it to an immigration judge with a 95% denial rate, where everybody in the world knows how it’s gonna go down.”
The government could also appeal Xinis’ decision to the 4th U.S. Circuit Court of Appeals, aiming to overturn her ruling. If successful, there might be no need to reopen the immigration case.
Temporary Freedom
Following Xinis’ order, Abrego Garcia was released from Pennsylvania detention on Thursday night and allowed to return home. However, he was instructed to check in with a Baltimore immigration officer the next morning.
Concerned about re-arrest, his attorneys sought a temporary restraining order from Xinis, which was granted early Friday, preventing his detention for now. A hearing on the matter could happen soon.
Ongoing Criminal Case
In Tennessee, Abrego Garcia has pleaded not guilty to charges of human smuggling and conspiracy. Prosecutors allege he accepted money to transport individuals illegally within the U.S. These charges arose from a 2022 traffic stop in Tennessee, where body camera footage captured a calm interaction during which Abrego Garcia was warned but allowed to continue driving.
Abrego Garcia is asking Judge Waverly Crenshaw to dismiss the charges, citing “selective or vindictive prosecution.”
Crenshaw identified “some evidence that the prosecution against him may be vindictive,” referencing statements by Trump administration officials, including one by Deputy Attorney General Todd Blanche on Fox News that seemed to imply Justice Department action was retaliation for Abrego Garcia’s victory in his wrongful-deportation case.
Discussions are ongoing regarding whether senior Justice Department officials, including Blanche, should testify in the case.
