Federal Judges Block Trump Administration's Attempts to Re-detain Asylum Seeker Kilmar Abrego Garcia
Kilmar Abrego Garcia, a Salvadoran asylum seeker wrongly deported by the Trump administration, has been released from detention, with multiple federal judges preventing his re-detention without a hearing.
Abrego Garcia vows to 'fight' against Trump administration
Washington Examiner
Federal judge orders release of Kilmar Abrego Garcia from ICE custody
Washington Examiner
Overview
- Salvadoran asylum seeker Kilmar Abrego Garcia was released from immigration detention by a federal judge's order, despite the Department of Homeland Security's strong criticism and plans to appeal.
- Multiple federal judges have since issued temporary orders, preventing the Trump administration from re-detaining Garcia without a hearing, ensuring his continued freedom after his release.
- Garcia was wrongly deported to El Salvador in March by the Trump administration, despite a 2019 asylum protection order, and was later held at an immigration detention facility in Pennsylvania.
- Returned to the U.S. under court order, Garcia is now suing the Trump administration for alleged punitive deportation and expressed gratitude for his freedom.
- Garcia, who secured asylum in 2019 due to a well-founded fear of gang danger, still faces human smuggling charges in Tennessee from a 2022 traffic stop.
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Analysis
Center-leaning sources frame this story by consistently highlighting the federal judge's strong criticisms of the government's handling of Kilmar Abrego Garcia's case. They emphasize legal irregularities and the judge's findings of "wrongful detention" and the government "misleading" the court, portraying the administration's actions as legally questionable and problematic.
"Kilmar Abrego Garcia will not be detained by immigration authorities, according to his attorney Simon Sandoval-Moshenberg, after a federal judge blocked the government from re-detaining him right before he was scheduled to appear before immigration authorities in Baltimore."
ABC News"Abrego Garcia was released from detention on a judge's orders, highlighting the legal challenges he faced and the public pressure surrounding his case."
ABC News"Abrego Garcia has endured more than anyone should ever have to."
Associated Press"Judge Xinis today wrote that the government has never produced evidence of a removal order for him."
NPR"Judge Paula Xinis said in her order Thursday that "since Abrego Garcia's wrongful detention in El Salvador, he has been re-detained, again without lawful authority.""
ABC News"Kilmar Abrego Garcia, the Salvadoran immigrant whose mistaken deportation to a prison for terrorists earlier this year made him a flash point for the Trump administration's aggressive immigration policies, was ordered freed by a federal judge."
USA TODAY"A judge has ordered the immediate release of Kilmar Abrego Garcia, who was mistakenly deported in March and brought back to the US to face criminal charges, from immigration custody."
BBC News"The decision from U.S. District Judge Paula Xinis granted Abrego Garcia's habeas petition to release him from custody."
CBS News"A federal judge in Maryland ordered Kilmar Abrego Garcia freed from immigration detention on Thursday while his legal challenge against his deportation moves forward."
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FAQ
Judge Xinis found that Garcia had been unlawfully removed to El Salvador despite a 2019 withholding order forbidding his removal, concluding the government detained and transported him without lawful authority and ordering that he be afforded the process he would have had but for the illegal removal.
DHS called the ruling 'naked judicial activism' and has stated it will appeal because the department disputes the District Court’s order that Garcia be released and argues the government’s actions — including prior determinations about alleged gang affiliation — justify its handling of the case.
After release, Garcia faces human smuggling charges in Tennessee that stem from a 2022 traffic stop alleging he transported undocumented migrants within the United States.
Garcia was sent to a high‑security prison (CECOT) in El Salvador; his lawyers later alleged he endured severe beatings, sleep deprivation, inadequate nutrition and psychological torture while detained there.
Judge Xinis ordered Garcia released with conditions that include checking in with immigration officials 14 hours after his release; he remains subject to immigration proceedings and the criminal charges pending in Tennessee.
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