A federal judge has ordered the immediate release of Kilmar Abrego Garcia from ICE custody, ruling that the 30-year-old Salvadoran immigrant was detained “without lawful authority” following his wrongful deportation earlier this year.
U.S. District Judge Paula Xinis issued the order Thursday, delivering a significant legal victory for Abrego Garcia, who had been deported to El Salvador in March despite having court-ordered protection from removal due to fears of persecution in his home country.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Judge Xinis wrote in her decision. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”
A Deportation That Never Should Have Happened
Abrego Garcia, a sheet metal worker with family in the United States, had previously secured a 2019 court order protecting him from deportation to El Salvador based on credible fears of persecution. Despite this protection, immigration authorities removed him to El Salvador in March — a move now deemed unlawful by the federal court.
The case has drawn attention from immigrant rights advocates who say it highlights systemic problems within the immigration enforcement system. How could someone with explicit court protection be deported anyway? That question remains central to ongoing legal challenges surrounding his case.
On Friday morning, just one day after Judge Xinis’s order, Abrego Garcia appeared for a scheduled check-in at the ICE Baltimore Field Office. Supporters rallied outside the facility as he arrived, many holding signs demanding justice and immigration reform.
“I stand before you a free man and I want you to remember me this way, with my head held up high,” Abrego Garcia told supporters. “I come here today with so much hope and I thank God who has been with me since the start with my family.”
Legal Battle Continues
While the immediate release represents a significant victory, Abrego Garcia’s legal journey is far from over. His attorneys are reportedly pursuing additional remedies for what they characterize as a pattern of civil rights violations throughout his case.
The deportation and subsequent detention have separated him from his family and disrupted his employment as a sheet metal worker. Still, Abrego Garcia has maintained a resolute stance throughout the ordeal.
“I stand here today with my head held high and I will continue to fight and stand firm against all of the injustices this government has done upon me,” he stated during Friday’s appearance. “Regardless of this administration, I believe this is a country of laws and I believe that this injustice will come to an end.”
Immigration attorneys monitoring the case suggest it could potentially establish important precedent regarding ICE’s accountability when violating existing court orders. For now, Abrego Garcia’s release marks a rare instance where the judiciary has directly intervened to correct what it determined to be an unlawful detention following an equally unlawful deportation.
