A federal judge has ruled that Kilmar Abrego Garcia, a Salvadoran citizen, should be released from a Tennessee prison and barred Immigration and Customs Enforcement (ICE) from detaining him during his travel to Maryland. This order comes after Garcia was extradited back to the U.S. from El Salvador to face serious charges stemming from a traffic stop in 2022.
Attorney General Pam Bondi announced Garcia’s extradition in June, following his deportation under the Trump administration for entering the country illegally. During the 2022 traffic incident, Garcia was driving an SUV with several passengers, prompting authorities to take notice.
U.S. District Judge Paula Xinis, appointed during the Obama administration, justified her ruling by stating that the government must “restore Abrego Garcia to his ICE Order of Supervision out of the Baltimore Field Office.” This placement under ICE supervision in Maryland is reported to be essential for providing “effective relief to which a wrongfully removed alien is entitled upon return.”
In a ruling issued in July, Judge Xinis sought to ensure that any potential deportation of Garcia to another country would come with a 72-hour notice for federal authorities. A previous 2019 order had already barred Garcia’s deportation to El Salvador based on his fears of persecution if returned.
Fox News correspondent Bill Melugin noted the government’s indication that it would take Garcia into ICE custody in Tennessee if released. However, Judge Xinis’s recent order has now prevented this action.
Democrat lawmakers like Senator Chris Van Hollen have claimed that Garcia’s deportation under the Trump administration was unlawful. In April, Van Hollen visited El Salvador to advocate for Garcia’s return to the U.S. However, the narrative shifted after evidence surfaced connecting Garcia to the gang MS-13. Reports indicate he was involved in human trafficking and had a documented history of domestic violence against his wife.
Garcia’s attorney, Sean Hecker, commented on the ruling, asserting, “Today, Kilmar Abrego Garcia is free. He is presently en route to his family in Maryland, after being unlawfully arrested and deported, and then imprisoned,” claiming that the government’s actions were part of a vindictive attack against his client for challenging the administration’s approach to immigration law.
Hecker also stated that Garcia is thankful for the legal process that granted him due process rights. Garcia’s upcoming trial concerning human smuggling is scheduled to begin on January 27.
The case has raised significant debate surrounding immigration law enforcement, the treatment of individuals linked to criminal organizations, and the judicial system’s role in these decisions. As the legal proceedings continue, the complexities surrounding Garcia’s situation highlight the challenges within the current immigration framework.
"*" indicates required fields
