The Department of Homeland Security denounced the ruling as a “naked judicial maneuver” and vowed to appeal.
Kilmer Abrego Garcia, whose case sparked the Trump administration’s crackdown on immigration in the United States, has been released from custody and returned to his home on a judge’s order, according to reports.
Abrego-Garcia was scheduled to check into U.S. immigration authorities on Friday, a day after he was released from an immigration processing center and returned home in the latest development in a complex deportation and detention case involving a Maryland man, the Associated Press reported.
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In a ruling Thursday, U.S. District Judge Paula Kisinis of Maryland ordered Immigration and Customs Enforcement to immediately release Abrego-Garcia, writing that federal authorities remanded him into custody without any legal basis after he returned to the United States.
The face of President Trump’s hardline immigration policy
Abrego-Garcia has an American wife and children and has lived in Maryland for years with legal protection since a judge ruled in 2019 that he should not be deported because he could be harmed in his home country by gangs targeting his family. He immigrated to the United States without documents as a teenager.
He then became the most high-profile case of more than 200 people sent to El Salvador’s notorious CECOT mega-prison as part of President Donald Trump’s crackdown on refugees, immigrants and asylum seekers in the United States.
He was wrongfully deported to El Salvador by the Trump administration in March. A court later ordered his return to the United States, but he was remanded in custody after immigration authorities tried to deport him to a series of African countries instead of El Salvador.
“Judicial Activities”
The Department of Homeland Security condemned Thursday’s ruling and announced it would appeal the decision, calling it “naked judicial activism” by a judge appointed during President Barack Obama’s administration.
“This order lacks a valid legal basis, and we will continue to vigorously fight it in court,” said Tricia McLaughlin, the department’s assistant secretary.
Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, said he expects his client’s ordeal is far from over and is preparing to defend against further deportation efforts.
“The government still has a lot of tools in its toolbox,” Sandoval-Moshenberg said.
“We are going to fight to make sure there is a fair trial.”
The lawyer said the judge’s ruling makes clear that the government cannot detain people indefinitely without legal authority, adding that Abrego-Garcia has already “endured more than anyone should have.”
Legal battle underway
As his case gained attention, Abrego-Garcia filed a federal lawsuit accusing the Trump administration of illegally using the deportation process to punish him.
Since his return, federal authorities have also charged Abrego-Garcia with human smuggling in connection with the 2022 traffic stop.
He has maintained his innocence, and the prosecution has filed a motion to dismiss the charges, stating that he is guilty.
In Thursday’s ruling, Judge Sinis said Mr. Trump’s lawyers had “positively misled” the court, including falsely claiming that Costa Rica had rescinded its offer to host Abrego-Garcia.
Abrego Garcia said he intends to resettle in the United States if he is deported.
In a separate proceeding, Abrego-Garcia also petitioned to reopen her immigration case seeking asylum in the United States.
