Judge Orders Immediate Release of Abrego Garcia

A federal judge in Maryland ordered Kilmar Abrego Garcia freed from immigration detention on Thursday while his legal challenge against his deportation moves forward. US District Judge Paula Xinis ruled that Immigration and Customs Enforcement must release Abrego Garcia from custody immediately, the AP reports. "Since Abrego Garcia's return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority," the judge wrote. "For this reason, the Court will GRANT Abrego Garcia's Petition for immediate release from ICE custody."

• Abrego Garcia, a Salvadoran national, has an American wife and child and has lived in Maryland for years, but he originally immigrated to the US illegally as a teenager. An immigration judge in 2019 ruled Abrego Garcia could not be deported to El Salvador because he faced danger from a gang that targeted his family. When Abrego Garcia was mistakenly deported there in March, his case became a rallying point for those who oppose President Trump's immigration crackdown.
• Abrego Garcia was returned to the US under a court order. Since he cannot be deported to El Salvador, ICE has been seeking to deport him to a series of African countries. His lawsuit in federal court claims Trump's administration is illegally using the deportation process to punish Abrego Garcia over the embarrassment of his mistaken deportation to El Salvador.
• "The history of Abrego Garcia's case is as well known as it is extraordinary," Xinis wrote in her decision. She directed the administration to notify Abrego Garcia of the exact time and location of his release, and to inform the court by 5pm Eastern, ABC News reports.
• Department of Homeland Security spokesperson Tricia McLaughlin blasted the decision in a post on X. "This is naked judicial activism by an Obama appointed judge," she wrote. "This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts."

• Meanwhile, in a separate action in immigration court, Abrego Garcia is petitioning to reopen his immigration case to seek asylum in the United States. Additionally, Abrego Garcia is facing criminal charges in federal court in Tennessee, where he has pleaded not guilty to human smuggling. He has filed a motion to dismiss the charges, claiming the prosecution is vindictive.
• A judge has ordered an evidentiary hearing to be held on the motion after previously finding some evidence that the prosecution against Abrego Garcia "may be vindictive." The judge said many statements by Trump administration officials "raise cause for concern."