Judge Orders Release of Kilmar Abrego Garcia from Immigration Detention

A U.S. federal judge has ordered the release of Kilmar Abrego Garcia, a Salvadoran national residing in Maryland, from immigration detention. Judge Paula Xinis ruled that federal authorities had unlawfully detained Abrego Garcia upon his return to the United States, despite a 2019 immigration court decision that barred his deportation to El Salvador due to credible threats from local gangs.

Abrego Garcia's case gained national attention after he was mistakenly deported to El Salvador earlier this year and imprisoned in a notorious facility. Following public outcry and legal challenges, he was returned to the U.S. in June. Upon his return, he faced human smuggling charges related to a 2022 traffic stop in Tennessee, charges he has denied and described as retaliatory.

In her ruling, Judge Xinis criticized federal authorities for misleading the court, including falsely claiming that Costa Rica had rescinded an offer to accept Abrego Garcia. She stated that the government "did not just stonewall" the court but "affirmatively misled the tribunal."

The Department of Homeland Security condemned the ruling and announced plans to appeal, labeling the decision as "naked judicial activism." Assistant Secretary Tricia McLaughlin stated, "This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts."

Abrego Garcia's attorney, Simon Sandoval-Moshenberg, expressed readiness to defend his client against further deportation efforts, noting that the government has "plenty of tools in their toolbox" and that they are prepared to ensure a fair trial.

Abrego Garcia has also applied for asylum in the U.S. and continues to contest the human smuggling charges, seeking their dismissal on grounds of prosecutorial vindictiveness.