Kilmar Abrego Garcia Freed from Immigration Detention

Kilmar Abrego Garcia has been released from jail after a US judge ruled the Trump administration detained him without lawful authority, his lawyer has confirmed.

The court found that the government lacked a valid removal order for Mr Abrego Garcia, effectively preventing his deportation for now. This ruling offers a temporary reprieve for the man who has been at the centre of a high-profile immigration case.

Mr Abrego Garcia, who is married to a US citizen and has resided in Maryland for years, initially entered the United States illegally as a teenager. He was mistakenly deported to El Salvador in March, only to be brought back to face criminal charges.

However, the Justice Department is expected to appeal Thursday’s decision, meaning this is likely not the end of the legal battle. “We remain hopeful that this marks a turning point for Mr Abrego Garcia, who has endured more than anyone should ever have to,” his attorney, Simon Sandoval-Moshenberg, told CBS News.

The ruling by US District Judge Paula Xinis allows Mr Abrego Garcia to return to his family in Maryland, at least temporarily. The judge had previously blocked the government from removing him to a third country while his challenge was considered.

According to Judge Xinis’s 31-page order, the government had explored removing him to countries including Uganda, Eswatini, Ghana, and Liberia. Costa Rica had offered to accept him, but the offer was not taken up.

The case gained prominence following Mr Abrego Garcia’s deportation in March, despite a 2019 court order protecting him from removal. The Trump administration alleged he was linked to the MS-13 gang, a claim he vehemently denies.

In 2019, a judge had granted him protection from deportation, citing potential persecution by gangs in his home country. Following his return to the US in June, he was arrested in Tennessee on human smuggling charges, to which he has pleaded not guilty.

He was briefly released in Tennessee, but re-detained after being summoned to an immigration meeting in Baltimore. Judge Xinis has now determined that he cannot be removed from the country at this time.

A Department of Homeland Security spokesperson criticised the ruling, labelling it “naked judicial activism” by an Obama-appointed judge. “This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts,” Tricia McLaughlin wrote on X.

The judge emphasized that immigration detention should not be used as punishment and cannot be indefinite. She also noted that the African countries considered were never realistic options, while Costa Rica remained steadfast in its willingness to resettle Mr Abrego Garcia.

Image Source: MYJOYONLINE