- Federal judge blocked government from re-detaining immigrant at Friday ICE check-in
- Abrego Garcia wrongfully deported to El Salvador prison despite 2019 court protection order
- Maryland resident became symbol of Trump administration deportation policies after legal saga
BALTIMORE, MD (TDR) — Salvadoran immigrant Kilmar Abrego Garcia declared Friday he will continue fighting government injustices during his first public appearance since release from federal immigration custody, telling supporters gathered outside a Baltimore ICE facility that he stands before them as a free man. The 30-year-old Maryland resident appeared for a mandatory check-in as part of conditions imposed following his Thursday release ordered by U.S. District Judge Paula Xinis.
Speaking through a translator, Abrego Garcia encouraged others experiencing family separation to keep fighting, emphasizing that God accompanies them through the process. He expressed gratitude for reuniting with family during the holiday season, noting he spent Thursday celebrating with relatives who represent everything to him. The emotional remarks came after Judge Xinis blocked the Trump administration from re-detaining him during the scheduled ICE appointment.
Wrongful Deportation to Notorious Prison
Abrego Garcia’s case gained national attention after the Trump administration deported him to El Salvador in March despite a 2019 immigration court order barring his removal due to well-founded fears of gang persecution there. Immigration and Customs Enforcement admitted the deportation resulted from an administrative error. He was held in El Salvador’s notorious CECOT prison where he and others were systematically beaten and tortured according to court filings.
“I stand before you as a free man. And I want you to remember me this way. With my head held up high.”
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Following months of public outcry and legal battles that reached the Supreme Court, the government returned Abrego Garcia to the United States in June. However, authorities immediately charged him in Tennessee with human smuggling and conspiracy related to allegedly transporting undocumented immigrants. He has pleaded not guilty and argued the charges are unconstitutionally vindictive prosecution stemming from his successful wrongful deportation lawsuit.
Serial Deportation Attempts Failed
After releasing Abrego Garcia from Tennessee custody in August, immigration officials immediately detained him again during a Baltimore check-in. The administration subsequently attempted to deport him to multiple African nations including Uganda, Eswatini, Ghana, and Liberia despite his lack of connections to those countries. Judge Xinis grew increasingly frustrated with these efforts, noting the government affirmatively misled the tribunal by claiming Liberia was the only viable option when Costa Rica remained willing to accept him.
Judge Xinis ruled Thursday that Abrego Garcia’s continued detention was unlawful because no valid removal order exists. The 2019 immigration judge likely made a procedural error by issuing only a withholding of removal without first establishing an underlying removal order. Without that foundational order, the government lacks authority to deport him anywhere.
Government Blasts Judicial Activism
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Department of Homeland Security spokesperson Tricia McLaughlin condemned Xinis’ decision as naked judicial activism by an Obama-appointed judge, declaring the order lacks valid legal basis. The administration vowed to fight the ruling in appellate courts. Maryland Senator Chris Van Hollen stated the Trump administration sought to deny Abrego Garcia his due process rights and fair treatment within the justice system.
Will judicial intervention prove sufficient to protect immigrants facing aggressive deportation efforts?
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