Kilmar Abrego Garcia has been released from immigration custody following a federal judge’s order declaring that he had been detained “without lawful authority,” his attorney confirmed Thursday.
Judge Says Detention Violated the Law
U.S. District Judge Paula Xinis ruled that since Abrego Garcia’s wrongful deportation to El Salvador earlier this year, he had again been held unlawfully. She noted that because there is no valid removal order, the government cannot deport him.
In a 31-page order, Xinis detailed the sequence of events — his forced removal to El Salvador in March despite a 2019 court order, his return to face criminal charges, and his subsequent re-detention in Pennsylvania.
Attorneys Celebrate a “Turning Point”
“This is an extraordinary victory for our client and for due process,” attorney Simon Sandoval-Moshenberg said. He added that Abrego Garcia has “endured more than anyone should ever have to” and emphasized the priority now is ensuring his safety and legal protections.
Abrego Garcia, a Salvadoran father living in Maryland, was deported earlier this year to El Salvador’s CECOT mega-prison after the Trump administration labeled him an MS-13 member — an allegation he denies. He was later brought back to the U.S. to face human smuggling charges, to which he has pleaded not guilty.
Government Pushes Back Against Ruling
DHS spokesperson Tricia McLaughlin criticized the decision, calling it “naked judicial activism” and vowing to challenge it in court.
The government recently sought to deport Abrego Garcia to Liberia and asked Xinis to lift a ban on his removal there. But the judge pointed out that Costa Rica — his preferred destination — had consistently offered to accept him, contradicting government claims.
Judge Criticizes Government’s Handling of Removal Attempts
Xinis said officials made a “calculated effort” to remove Costa Rica as an option, but Costa Rica reaffirmed within a day that its offer to receive him was “firm” and “unconditional.” She also noted the government had notified Abrego Garcia of potential deportations to Uganda, Eswatini, and Ghana — none of which were viable.
Next Steps for Abrego Garcia
The court ordered the government to notify him of the exact time and location of his release and to update the court by Thursday evening. Abrego Garcia will continue under release conditions set by the U.S. Pretrial Services Office as his criminal case proceeds.
Xinis, who previously blocked his removal while the habeas case was pending, wrote that the long and complex history of the case is “as well known as it is extraordinary.”
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