Federal Judge Orders Salvadoran National's Release from ICE Detention Amid Claims of Misguided Deportation Efforts
A federal judge has ordered the immediate release of Kilmar Abrego Garcia, a Salvadoran national who was mistakenly deported to his home country earlier this year. Garcia had been held in Immigration and Customs Enforcement (ICE) custody since August, despite efforts by the Trump administration to remove him from the US.
According to court documents, Judge Paula Xinis granted Garcia's habeas corpus petition, citing lack of statutory authority for the government to deport him to a third country without a final order. The judge found that there was no significant likelihood of removal in the "reasonably foreseeable future," which would have justified continued detention.
The Trump administration had repeatedly attempted to remove Garcia from the US, with plans to send him to countries such as Uganda or Eswatini. However, none of these countries agreed to accept him, and Liberia eventually stepped forward to take him in exchange for a deal that required Abrego Garcia's release on certain conditions.
Garcia's lawyers argued that the Trump administration was engaging in gamesmanship, deliberately seeking to remove him to countries where he could raise claims of reasonable fear of persecution. They claimed that his only periods of freedom were for brief weekend intervals between his arrest and detention by immigration authorities.
The decision comes as part of a broader civil case filed by Abrego Garcia and his wife against the Trump administration, which included allegations of human smuggling charges. The judge had previously ordered DHS to facilitate his return to the US after months of resistance from immigration officials.
With this latest ruling, Abrego Garcia is expected to be released from ICE custody in Pennsylvania and report to an ICE field office in Baltimore on Friday morning. However, there are concerns that he could still face rearrest on different legal grounds.
A federal judge has ordered the immediate release of Kilmar Abrego Garcia, a Salvadoran national who was mistakenly deported to his home country earlier this year. Garcia had been held in Immigration and Customs Enforcement (ICE) custody since August, despite efforts by the Trump administration to remove him from the US.
According to court documents, Judge Paula Xinis granted Garcia's habeas corpus petition, citing lack of statutory authority for the government to deport him to a third country without a final order. The judge found that there was no significant likelihood of removal in the "reasonably foreseeable future," which would have justified continued detention.
The Trump administration had repeatedly attempted to remove Garcia from the US, with plans to send him to countries such as Uganda or Eswatini. However, none of these countries agreed to accept him, and Liberia eventually stepped forward to take him in exchange for a deal that required Abrego Garcia's release on certain conditions.
Garcia's lawyers argued that the Trump administration was engaging in gamesmanship, deliberately seeking to remove him to countries where he could raise claims of reasonable fear of persecution. They claimed that his only periods of freedom were for brief weekend intervals between his arrest and detention by immigration authorities.
The decision comes as part of a broader civil case filed by Abrego Garcia and his wife against the Trump administration, which included allegations of human smuggling charges. The judge had previously ordered DHS to facilitate his return to the US after months of resistance from immigration officials.
With this latest ruling, Abrego Garcia is expected to be released from ICE custody in Pennsylvania and report to an ICE field office in Baltimore on Friday morning. However, there are concerns that he could still face rearrest on different legal grounds.
. I mean, come on, deport someone to a country where they don't speak their native language and have no connections, just 'cause they were in the wrong place at the wrong time. It's not fair, fam 
. This guy's life was turned upside down because of some gamesmanship by the Trump admin. And now, he's just gonna be released with some conditions? Like, what even are those conditions gonna look like 
?
. I'm all for helping people out, but not when it involves someone being released without guaranteeing their safety or rights.
, but we need to work on reforming that immigration system ASAP 
. It's just too darn complicated and unfair 
.
. Like, what even is the point of deporting someone to a country they don't even have ties to? 
. He's been through enough already! And I'm not gonna lie, it makes me think about how messed up our immigration system is 
.
Not cool at all. This whole situation just shows how broken and unfair the system can be when you're caught in the middle of it 
.
It's totally unacceptable that they were planning to deport him to countries like Uganda or Eswatini without even checking if he'd be safe there 
.
. Fingers crossed he can stay in the US without any more drama 
!
and now the judge is like "nope, you gotta let him go" 
makes me think about all these immigrants living in fear of being sent back to their home countries without even having a say in what happens next... so relieved that Garcia gets to be with his family again