PHILIPSBURG, Pa. (AP) — Kilmar Abrego Garcia has been released from immigration detention following a U.S. District Court judge's order, marking a significant achievement for the Salvadoran national as he continues to fight against deportation from the United States. His case gained high-profile attention when he was wrongfully deported to a notorious prison in El Salvador, which underscored the controversial immigration policies of the Trump administration.
Judge Paula Xinis, presiding from Maryland, directed Immigration and Customs Enforcement (ICE) to release Abrego Garcia immediately, citing a lack of legal grounds for his detention after he returned to the U.S. He arrived back at his home in Maryland, wearing a white shirt and an orange hat, just hours after his release at 5 p.m.—the deadline set by the court for ICE to provide an update on his status.
Having lived in Maryland with his American wife and child since immigrating illegally as a teenager, Abrego Garcia had been held at the Moshannon Valley Processing Center, located approximately 115 miles northeast of Pittsburgh. His attorney, Simon Sandoval-Moshenberg, expressed uncertainty about the next steps but asserted readiness to challenge any further attempts by the government to deport his client. He acknowledged the government's persistence, stating, "We’re going to be there to fight to make sure there is a fair trial."
The Department of Homeland Security (DHS) sharply criticized the judge’s ruling and announced plans to appeal, labeling it "naked judicial activism" and claiming it lacked a valid legal basis. Tricia McLaughlin, the assistant secretary of DHS, emphasized the department's intention to contest the ruling "tooth and nail" in the courts.
Abrego Garcia's predicament stems from a 2019 immigration court ruling stating he could not be deported to El Salvador due to threats from a gang targeting his family. His case became a focal point for activists opposing the Trump administration's immigration enforcement practices, especially after he was mistakenly sent back to El Salvador in March of this year. A later court order facilitated his return to the U.S., leading to ICE's attempts to deport him to various African countries instead, amid claims that the administration is unlawfully using the removal process to retaliate against him for the public fallout from his wrongful deportation.
In her order to release Abrego Garcia, Judge Xinis condemned the government's actions, asserting that federal authorities not only failed to comply with the court but also "affirmatively misled the tribunal." She referenced a troubling pattern in which ICE had sought to deport Abrego Garcia to four different African countries without having verified agreements from those nations. This included misleading claims about Costa Rica's refusal to accept him, which the judge later debunked, noting that Costa Rica had indeed remained committed to welcoming Abrego Garcia.
Xinis also countered the government's argument that she lacked jurisdiction over a final removal order, highlighting that no such order had been duly filed. Concurrently, Abrego Garcia is seeking to reopen his immigration case to apply for asylum in the U.S. He faces additional challenges, including criminal charges in Tennessee related to human smuggling, for which he has pleaded not guilty, arguing that the prosecution is a form of vindictive backlash against him for his previous case victories. That case is currently set for an evidentiary hearing amid findings that suggest potential vindictiveness in the charges, further complicated by comments from officials within the Trump administration.
