A federal judge in Maryland has ordered Immigration and Customs Enforcement to immediately release Kilmar Abrego García, ruling that Justice Department attorneys “misled” the court during a November hearing.
Judge Says Government Misrepresented Costa Rica’s Position
U.S. District Judge Paula Xinis said she acted to preserve Abrego’s right to a fair immigration process after government lawyers and an ICE witness claimed he could only be deported to Liberia because Costa Rica was no longer willing to accept him. Reporting from The Washington Post and ABC later showed Costa Rica had “never wavered” in its offer to receive him.
Xinis previously ordered the Trump administration to help return Abrego to the United States after he was unlawfully deported to a notorious prison in El Salvador. She wrote that his current detention is again “without lawful authority.”
Detention Sparks Sharp Criticism and Praise
Abrego is being held at the Moshannon Valley Processing Center in Pennsylvania. DHS spokeswoman Tricia McLaughlin condemned the ruling, calling it “naked judicial activism” and saying the department will continue fighting the case.
His attorneys welcomed the decision. “Mr. Abrego Garcia is eager to reunite with his family and continue defending his rights,” lawyer Benjamin Osorio said.
Judge Challenges Government’s Evidence
Xinis’s 31-page ruling followed a contentious Nov. 20 hearing in Greenbelt, Maryland, where she pressed the government for proof of Costa Rica’s supposed reversal. She criticized Justice Department lawyers for presenting an ICE official with “zero information” about the issue and for failing to produce basic documentation.
When asked to provide any evidence, government attorney Drew Ensign admitted he had none. “It’s so odd,” Xinis responded.
Costa Rica Confirms It Will Accept Abrego
The day after the hearing, Costa Rica’s security minister reaffirmed the country’s commitment to accept Abrego “for humanitarian reasons.” His lawyers quickly filed the statement with the court.
Xinis later described the reporting as “an inconvenient truth,” writing that federal officials “affirmatively misled the tribunal” by claiming Costa Rica had withdrawn its offer.
Next Steps
Abrego’s legal team says he is willing to resettle in Costa Rica and may also pursue residency options in the United States. The case continues to unfold.
For more on Garcia’s legal battle, stay tuned to Que Onda Magazine.