In a notable decision that has sparked debate over immigration enforcement and executive power, U.S. District Judge Paula Xinis has ordered the release of Salvadoran national Kilmar Abrego Garcia from federal custody. The ruling comes after nearly ten months of legal wrangling between Garcia's defense and the Trump administration.
The case began with an administrative error in March when Abrego Garcia was deported to El Salvador, violating a 2019 court order that barred his removal due to gang-related threats in his homeland. His subsequent return to the United States led to a prolonged legal battle concerning the adherence of Immigration and Customs Enforcement (ICE) to proper deportation procedures.
During hearings last month, Judge Xinis questioned Justice Department attorneys about the existence of a final removal order. DOJ attorney Drew Ensign's claim that a 2019 immigration judge had intended to issue such an order was rejected by Xinis. She referenced the Supreme Court ruling in Zadvydas v. Davis, which prohibits indefinite detention if deportation cannot proceed lawfully.
Abrego Garcia, detained upon his return to the U.S. in June, faced human smuggling charges stemming from a 2022 traffic stop in Tennessee. He has filed a motion to dismiss the case on grounds of selective prosecution, with a hearing scheduled by a federal judge who noted concerning statements from administration officials.
The Trump administration's attempts to deport Abrego Garcia to various African nations, including Liberia, Eswatini, Uganda, and briefly Ghana, were criticized by Xinis as punitive rather than lawful. She also noted the administration's refusal to deport him to Costa Rica, which had reportedly agreed to accept him without detention or return to El Salvador. Later filings revealed that Costa Rica had not withdrawn its offer, further complicating the administration's stance.
Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin labeled the ruling as "judicial activism by an Obama-appointed judge" and indicated plans to appeal.
The case has raised questions about Abrego Garcia's alleged ties to the MS-13 gang, which federal officials have emphasized, though evidence supporting these claims has been challenged by multiple judges. Abrego Garcia, who entered the U.S. illegally around 2011 as a teenager, has an American wife and child and has been a resident of Maryland for several years.
Legal observers highlight the decision as an important reminder of the need for proper documentation and adherence to established protocols before deportation actions can be taken. The ruling serves as a check on the administration's enforcement strategies and sets a precedent for handling similar disputes in the future.
Abrego Garcia's immigration case has become a flashpoint in broader debates over deportation policies, executive overreach, and the constitutional limits on detention. It underscores the tension between national security priorities and legal procedures. With the court's order, he will be allowed to live with his brother in the U.S. while his legal challenges and the pending Tennessee case continue.
