A sweeping ruling from a federal bench has upended the government’s handling of the Kilmar Abrego Garcia case, with U.S. District Judge Paula Xinis ordering his prompt release from immigration custody. In her decision on Thursday, she sharply criticized the chain of events that kept him behind bars. As she wrote, “since Abrego Garcia’s wrongful detention in El Salvador, he has been re-detained, again without lawful authority.”
According to the order, the government cannot deport him anywhere because no lawful removal order exists. Xinis underscored that this procedural void alone blocks officials from expelling him from the United States.
The case involves a Salvadoran man who had been living in Maryland with his wife and children before being forcibly removed in March and sent to El Salvador’s notorious CECOT mega-prison. That deportation flew in the face of a 2019 court ruling forbidding his removal to El Salvador due to his documented fear of persecution. The administration at the time justified the move by alleging ties to MS-13, an accusation he firmly rejects.
Months later, authorities transported him back to the U.S. to stand trial in Tennessee on human smuggling charges — allegations to which he has pleaded not guilty. After his release into his brother’s custody in Maryland while awaiting trial, immigration officers arrested him again. Since then, he has been held in a Pennsylvania detention center.
Following Thursday’s ruling, the Department of Homeland Security lashed out publicly. Spokesperson Tricia McLaughlin condemned the decision online, declaring, “This is naked judicial activism by an Obama appointed judge. This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.”
The ruling also comes after the government recently attempted to clear the way to deport Abrego Garcia to Liberia. Officials petitioned Judge Xinis to lift a removal ban, arguing they had secured assurances from Liberian authorities that he would not face harm there.
Instead, Xinis directed federal officials to inform Abrego Garcia when and where he would be released, and to report back to the court by 5 p.m. ET on Thursday.
The 31-page opinion traces each dramatic turn: his deportation to El Salvador, his return to the U.S. to face charges, and the subsequent immigration detention that followed. Xinis found that none of it aligned with the stated purpose of immigration custody. “The circumstances of Abrego Garcia’s detention since he was released from criminal custody cannot be squared with the ‘basic purpose’ of holding him to effectuate removal,” she wrote.
Her order also criticized the government’s handling of alternative removal options. Citing ABC News reporting, she noted that officials could have sent him to Costa Rica — the destination he preferred. “Respondents’ calculated effort to take Costa Rica ‘off the table’ backfired,” Xinis wrote. She pointed out that the Costa Rican government swiftly asserted that “its offer to grant Abrego Garcia residence and refugee status is, and always has been, firm, unwavering, and unconditional.”
The judge further recounted a series of notices sent to Abrego Garcia while he sat in ICE custody. “Respondents serially ‘notified’ Abrego Garcia — while he sat in ICE custody — of his expulsion to Uganda, then Eswatini, then Ghana; but none of these countries were ever viable options,” she wrote.
Upon release, Abrego Garcia is expected to receive updated instructions from the U.S. Pretrial Services Office regarding the conditions tied to his ongoing criminal case.
Back in August, Xinis had already frozen any attempt to remove him from the U.S. until the court resolved the habeas petition. Her latest ruling offered a pointed reflection on the saga: “The history of Abrego Garcia’s case is as well known as it is extraordinary,” she wrote.
The order now places the federal government under renewed scrutiny, while opening a new chapter in one of the most convoluted immigration cases to emerge in recent years.
{Matzav.com}