Federal Judge Orders Release of Kilmar Abrego Garcia; Vindictive Prosecution Hearing Set
A federal judge has ordered the release of Kilmar Abrego Garcia from U.S. immigration custody, citing the absence of a final removal order and a lack of viable deportation plans. Simultaneously, another federal judge has canceled Mr. Abrego Garcia's human smuggling trial and scheduled a hearing to address his allegations of vindictive prosecution by federal authorities. Mr. Abrego Garcia, a Salvadoran national, was previously deported in March, an action the U.S. government later acknowledged as an error, and was returned to the United States in June.
Release from Immigration Custody
U.S. District Judge Paula Xinis in Maryland ordered the release of Kilmar Abrego Garcia from Immigration and Customs Enforcement (ICE) custody on Thursday. Mr. Abrego Garcia had been in ICE detention since August.
"U.S. District Judge Paula Xinis in Maryland ordered the release of Kilmar Abrego Garcia from Immigration and Customs Enforcement (ICE) custody on Thursday, citing the absence of a final removal order and a lack of viable deportation plans."
Judge Xinis's ruling emphasized the absence of a "final removal order" for Mr. Abrego Garcia, which prevents the government from deporting him "at this juncture." The judge also noted that the government had attempted to deport him to several African nations without clear justification or a high chance of success, despite Mr. Abrego Garcia's expressed willingness to relocate to Costa Rica, which has consistently offered to accept him as a refugee. The ruling indicated that the government had not pursued deportation to Costa Rica.
Judge Xinis further stated that the government's actions over recent months did not align with the stated purpose of detention, which is to facilitate removal. The ruling also referenced the expiration of a 90-day detention period and the government's lack of a viable deportation plan.
Mr. Abrego Garcia's attorney, Simon Sandoval-Moshenberg, argued that:
"Immigration detention is intended to facilitate deportation and cannot be indefinite without a concrete plan."
Homeland Security Assistant Secretary Tricia McLaughlin criticized the ruling, stating:
"If the matter were solely about law or due process, Mr. Abrego Garcia would already be deported."
Despite his release from ICE custody, Mr. Abrego Garcia remains subject to conditions related to outstanding criminal charges in Tennessee.
Vindictive Prosecution Hearing Scheduled
Separately, U.S. District Judge Waverly D. Crenshaw, Jr. canceled Mr. Abrego Garcia's trial on human smuggling charges and scheduled a hearing for January 28. This hearing will address whether the prosecution against him constitutes vindictive prosecution.
Mr. Abrego Garcia has denied the human smuggling allegations, asserting that prosecutors are selectively targeting him. Judge Crenshaw issued an order stating:
"Mr. Abrego Garcia had presented sufficient evidence to warrant a hearing on this matter, requiring prosecutors to provide justification for the charges."
During the hearing, prosecutors will be required to provide justification for the charges. Failure to adequately explain their reasoning could result in the dismissal of the charges.
Background and Prior Events
Mr. Abrego Garcia immigrated to the U.S. illegally as a teenager and has an American wife and child. He has resided in Maryland for years.
- 2019: An immigration judge determined he should not be deported to El Salvador due to threats from a gang in his home country. This order allowed him to reside and work in the U.S. under Immigration and Customs Enforcement supervision.
- 2022: Mr. Abrego Garcia was stopped with nine passengers in his vehicle. Officers reportedly discussed suspicions of human smuggling but allowed him to proceed with a warning.
- March (2023): Mr. Abrego Garcia was deported to a prison facility in El Salvador, an action the U.S. government later acknowledged as an error and one that occurred despite a prior judicial order.
- April (2023): The U.S. Supreme Court ruled that the Trump administration needed to facilitate Mr. Abrego Garcia's return from El Salvador. A Department of Homeland Security agent has testified that an investigation into the 2022 traffic stop commenced only after this Supreme Court ruling.
- June (2023): Mr. Abrego Garcia was returned to the U.S. following a court order and public attention.
- Upon Return: An arrest warrant was issued for him in Tennessee on human smuggling charges, to which he has pleaded not guilty. Officials had indicated intentions to deport him to Uganda, Eswatini, Ghana, and Liberia.
Members of the former Trump administration have accused Mr. Abrego Garcia of MS-13 gang affiliation. He has consistently denied these accusations and has no criminal record.