Salvadoran Man Wrongfully Deported Under Trump Administration Freed by Federal Judge

Kilmar Abrego Garcia was released from immigration detention on Thursday following a judge's order, marking a significant victory in his ongoing legal battle to remain in the United States.

The release came after U.S. District Judge Paula Xinis in Maryland determined that federal authorities had detained Abrego Garcia without any legal justification following his return to the United States. The judge ordered Immigration and Customs Enforcement (ICE) to release him immediately.

Abrego Garcia's attorney confirmed his release just before the 5 PM deadline set by the court. According to his legal representative, Simon Sandoval-Moshenberg, Abrego Garcia intends to return to Maryland, where his American wife and child reside, and where he has lived for years after initially entering the U.S. illegally as a teenager.

Prior to his release, Abrego Garcia had been held at the Moshannon Valley Processing Center, located approximately 115 miles northeast of Pittsburgh.

Sandoval-Moshenberg expressed uncertainty about future proceedings but affirmed his readiness to defend his client against potential deportation attempts. "The government still has plenty of tools in their toolbox, plenty of tricks up their sleeve," he stated, adding that he anticipates further deportation efforts against his client.

The Department of Homeland Security strongly criticized Judge Xinis's decision, describing it as "naked judicial activism" and vowing to appeal. Tricia McLaughlin, the department's assistant secretary, claimed the order lacked legal foundation and promised to "fight this tooth and nail in the courts."

Abrego Garcia's case gained national attention after he was mistakenly deported to El Salvador in March, despite a 2019 immigration judge's ruling that he could not be sent there due to gang-related dangers targeting his family. His situation became a focal point for those opposing President Trump's immigration enforcement policies.

After a court mandated his return to the United States, ICE attempted to deport Abrego Garcia to various African countries. His federal lawsuit alleges that the Trump administration is illegally using the removal process as retribution for the public embarrassment caused by his wrongful deportation.

In her release order, Judge Xinis criticized federal authorities for not merely "stonewalling" but "affirmatively misleading" the court. She referenced officials' claims regarding potential deportation to four African countries without apparent commitments from those nations, and false statements about Costa Rica withdrawing its offer to accept him.

"Costa Rica had never wavered in its commitment to receive Abrego Garcia, just as Abrego Garcia never wavered in his commitment to resettle there," the judge wrote.

Xinis also rejected the government's jurisdictional challenge, finding that no final removal order had been filed in Abrego Garcia's case.

Additionally, Abrego Garcia is seeking to reopen his immigration case to pursue asylum in the United States.

He also faces criminal charges in Tennessee, where he has pleaded not guilty to human smuggling allegations. His defense team has requested dismissal of those charges, arguing the prosecution is vindictive. A judge in that case has ordered an evidentiary hearing after finding some evidence suggesting the charges "may be vindictive," and noting concerning statements from Trump administration officials.