The Department of Homeland Security has pledged to appeal the latest ruling, slamming it as ‘naked judicial activism’.
Kilmar Abrego Garcia, whose case has become a flashpoint in the Trump administration’s immigration crackdown in the United States, has been freed from detention on a judge’s order and returned to his home, according to reports.
Abrego Garcia was due to check in with US immigration officials on Friday, The Associated Press news agency reported, a day after returning to his home following his release from an immigration processing centre in the latest twist in a convoluted case of deportation and detention targeting the Maryland man.
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In a ruling on Thursday, US District Judge Paula Xinis in Maryland ordered Immigration and Customs Enforcement to let Abrego Garcia go immediately, writing that federal authorities had detained him again after his return to the US without any legal basis.
The face of Trump’s hardline immigration policies
Abrego Garcia has an American wife and children and has lived in Maryland for years, under protected legal status since 2019, when a judge ruled he should not be deported because he could be harmed in his home country by a gang that targeted his family. He originally moved to the US without documentation as a teenager.
He then became the highest-profile case among more than 200 people sent to the notorious El Salvador’s CECOT mega-prison as part of President Donald Trump’s crackdown on refugees, migrants and asylum seekers in the US.
He was wrongfully deported by the Trump administration to El Salvador in March. A court later ordered his return to the US, where he was detained again, as immigration officials sought to deport him to a series of African countries instead of El Salvador.
‘Judicial activism’
The Department of Homeland Security slammed Thursday’s ruling and said it would appeal, labelling the decision as “naked judicial activism” by a judge appointed during President Barack Obama’s administration.
“This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts,” said Tricia McLaughlin, the department’s assistant secretary.
Abrego Garcia’s lawyer, Simon Sandoval-Moshenberg, said he expected his client’s ordeal was far from over, and he was preparing to defend him against further deportation efforts.
“The government still has plenty of tools in their toolbox,” Sandoval-Moshenberg said.
“We’re going to be there to fight to make sure there is a fair trial.”
The lawyer said the judge’s ruling had made it clear that the government could not detain a person indefinitely without legal authority, adding that Abrego Garcia had already “endured more than anyone should ever have to”.
Legal battles ongoing
Abrego Garcia has filed a federal lawsuit claiming the Trump administration is illegally using the deportation process to punish him due to the attention his case received.
Since his return, federal authorities have also filed charges against Abrego Garcia for alleged human smuggling related to a 2022 traffic stop.
He has pleaded not guilty and filed a motion to dismiss the charges, claiming the prosecution is vindictive.
In her ruling on Thursday, Judge Xinis said Trump lawyers “affirmatively misled” the court, including falsely claiming that Costa Rica had rescinded an offer to accept Abrego Garcia.
Abrego Garcia has said he was willing to resettle there in the event he was deported from the US.
In a separate proceeding, Abrego Garcia has also petitioned to reopen his immigration case to seek asylum in the US.
