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Federal judge intervenes to prevent re-detention
A Maryland federal judge issued an emergency order on Thursday barring immigration authorities from taking Kilmar Abrego Garcia back into custody, just one day after ordering his release. Judge Paula Xinis ruled that re-detaining him would cause "irreparable harm," responding to a request from Mr. Abrego Garcia's legal team.
Background of the case
Mr. Abrego Garcia, a Salvadoran immigrant who has lived in Maryland for years, was mistakenly deported to El Salvador in March despite a 2019 court order prohibiting his removal. He was later returned to the U.S. in June to face separate criminal charges related to human trafficking in Tennessee, to which he has pleaded not guilty.
He was released from immigration detention on Thursday after Judge Xinis determined that the government lacked a valid removal order, temporarily halting any deportation efforts. However, his attorneys feared he would be taken back into custody during a routine check-in scheduled for Friday morning.
Legal arguments and ruling
In her order, Judge Xinis emphasized that unlawful detention inflicts irreparable damage, stating, "It is beyond dispute that unlawful detention visits irreparable harm." She also noted that the government had no statutory authority to remove Mr. Abrego Garcia without a valid removal order, calling any such attempt "not reasonably foreseeable, imminent, or consistent with due process."
The Department of Homeland Security (DHS) criticized the ruling, with a spokesperson calling it "naked judicial activism" by an Obama-appointed judge. DHS vowed to challenge the decision in court, stating, "This order lacks any valid legal basis, and we will continue to fight this tooth and nail."
Mr. Abrego Garcia's statement
Speaking to reporters outside a Baltimore immigration office on Friday, Mr. Abrego Garcia declared himself a "free man" and vowed to continue fighting what he described as injustices committed against him by the U.S. government.
"I stand before you a free man, and I want you to remember me this way, with my head held up high. I will continue to fight and stand firm against all of the injustices this government has done upon me."
Kilmar Abrego Garcia, through a translator
He expressed confidence in the U.S. legal system, stating, "This is a country of laws, and I believe that this injustice will come to an end."
Government's deportation efforts
Judge Xinis revealed in her 31-page order that the government had considered removing Mr. Abrego Garcia to several African nations, including Uganda, Eswatini, Ghana, and Liberia, despite Costa Rica's repeated offers to accept him. The judge dismissed the African countries as "never viable options" and noted that Costa Rica had consistently expressed willingness to resettle him.
She concluded that his detention served no legitimate purpose, writing, "Whatever purpose was behind his detention, it was not for the 'basic purpose' of timely third-country removal."
Next steps in the legal battle
The Justice Department is expected to appeal Judge Xinis's ruling while simultaneously pursuing the criminal human trafficking charges against Mr. Abrego Garcia in Tennessee. His attorney, Simon Sandoval-Moshenberg, expressed hope that Thursday's ruling marks a turning point for his client, who he said has "endured more than anyone should ever have to."
Mr. Abrego Garcia, who is married to a U.S. citizen, was initially granted protection from deportation in 2019 after a judge ruled he could face persecution by gangs in El Salvador. However, the Trump administration deported him in March, leading to a Supreme Court order in April requiring his return to the U.S.
