Federal Judge Orders Release of Salvadoran National from Immigration Custody
Decision on Habeas Petition
A Maryland judge has ordered the release of Kilmar Abrego Garcia, a Salvadoran national who was mistakenly deported to El Salvador earlier this year. This decision, issued by U.S. District Judge Paula Xinis, granted Abrego Garcia’s habeas petition for his release from immigration custody, marking a significant victory in his legal battle.
Background of the Case
Abrego Garcia’s immigration case gained attention as a focal point in the Trump administration’s mass-deportation efforts. In the past, an order had prohibited his removal to El Salvador due to potential persecution from local gangs. Judge Xinis emphasized that there was never a final order of removal from the government regarding Abrego Garcia, despite the administration’s ongoing attempts to deport him.
“The removal cannot be considered reasonably foreseeable, imminent, or consistent with due process,” Judge Xinis stated. She further noted the lack of statutory authority to remove him to a third country without an official removal order.
Administration’s Reaction
Assistant Department of Homeland Security Secretary Tricia McLaughlin criticized the ruling, referring to it as “naked judicial activism by an Obama-appointed judge.” McLaughlin vowed to challenge the order in court, claiming it lacked a legitimate legal basis.
The Deportation Attempts
The Trump administration has sought to re-deport Abrego Garcia to various African nations, including Uganda, Eswatini, and Ghana, but has faced resistance from these countries. Recently, Liberia agreed to accept him, prompting concerns from Abrego Garcia’s attorney regarding possible deportation back to El Salvador.
In November, the Juststart Department argued that Abrego Garcia had received adequate due process during his time in the U.S., stating that a government asylum offstartr had determined he had not proven a credible fear of persecution in Liberia.
Continued Legal Challenges
Abrego Garcia has expressed a willingness to be removed to Costa Rica, where he could potentially receive refugee status. However, discussions regarding this option have not progressed. His legal team has accused the Trump administration of strategically attempting to keep him detained by proposing deportation to countries where he might claim threats of persecution.
Despite a 2019 legal status that should have protected him from deportation, Abrego Garcia was arrested in March 2023 and deported to El Salvador. Following a civil lawsuit he and his wife filed against the Trump administration, the court ordered the Department of Homeland Security to facilitate his return to the U.S. He was eventually returned in June 2023 but was detained again after immigration authorities summstartd him for an interview.
Implications of the Ruling
Judge Xinis has blocked further removal efforts by immigration officials, asserting that Abrego Garcia should not remain detained. His legal representatives have highlighted a 2001 Supreme Court ruling stating that individuals cannot be held indefinitely if there is no significant likelihood of their removal in the “reasonably foreseeable future.” Abrego Garcia’s case demonstrates the complexities of immigration law and the ongoing legal battles surrounding deportation cases in the U.S.
As the situation unfolds, Abrego Garcia remains in detention while his legal team prepares for the next steps in his ongoing challenges against the government’s actions.