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Kilmar Abrego Garcia has returned to Prince George’s County after a judge ordered his release.
WASHINGTON — Kilmar Abrego Garcia is back in Maryland after being released from a detention facility in Pennsylvania.
The Prince George’s County father could be seen arriving in Beltsville Thursday night — just hours after he departed from the facility in Philipsburg, Pa.
United States District Judge Paula Xinis granted a habeas corpus petition on Thursday. As part of the ruling, the Maryland father was slated to be released from ICE custody immediately.
In her ruling Judge Xinis said:
“Because respondents have no statutory authority to remove Abrego Garcia to a third country absent a removal order, his removal cannot be considered reasonably foreseeable, imminent, or consistent with due process.”
Abrego Garcia was wrongfully deported from Maryland to a notorious prison in El Salvador in March in violation of an immigration judge’s order. He was later brought back to the U.S. to face federal charges alleging his participation in a conspiracy to smuggle undocumented migrants from Central and South America into the country. The charges stem from a 2022 traffic stop in Tennessee during which Abrego Garcia was found driving a van with eight passengers, none of whom had identification.
Former DHS official Andrea R. Flores, who served in the Obama Administration, said the case highlights the issues in the US immigration system.
“Hopefully they do finally do what’s right in this case, right? They, they’ve been pushing the limits of the law. But I like to remind people, look, our immigration system is broken and much of what they’ve tried to do is use all those different broken pieces to keep Kilmar detained,” Flores said.
Since his return, Abrego Garcia has been in and out of detention facilities as the administration works to have him removed from the country. Before being moved to the Moshannon Valley Processing Center in Pennsylvania, Abrego Garcia was being held at Farmville Detention Center in Virginia.
Abrego Garcia and his legal team have rejected a number of deportation destinations selected by prosecutors — along with Latin American sites, prosecutors have floated African ones.
Abrego Garcia’s attorney Simon Sandoval-Moshenberg said this about the legal decision:
Today’s ruling is a powerful affirmation that the rule of law still matters. The court made unmistakably clear that the government cannot detain a person indefinitely without legal authority, and that every agency involved must now comply fully and promptly with the Court’s directives. We remain hopeful that this marks a turning point for Mr. Abrego Garcia, who has endured more than anyone should ever have to. At the same time, we are mindful of the government’s past conduct in this case and will stay vigilant to ensure that nothing undermines the Court’s decision. For now, this is an extraordinary victory for our client and for due process. Our focus is on ensuring Mr. Abrego Garcia’s safe release and his continued access to the protections the law guarantees him.
Sandoval-Moshenberg said he’s not sure what comes next, but he’s prepared to defend his client against further deportation efforts.
From the White House, the Trump Administration said they will continue to fight the order.
“The administration opposed this activism from a judge who is really acting as a judicial activist,” White House Press Secretary Karoline Leavitt said. “Which we’ve unfortunately seen in many cases across the country. Abrego Garcia is present in our country illegally. He is a proven human trafficker. He is a proven gang member. The administration has evidence of that and as you saw from the Department of Homeland Security, they issued a statement saying they’ll continue to fight this legal battle in court.”
Sen. Chris Van Hollen (D-Md), released a statement following the judge’s ruling, saying:
“For months, the Trump Administration has sought to deny Kilmar Ábrego García his rights to due process and fair treatment by our justice system. Today’s ruling by Judge Xinis — requiring the government to immediately release him — is a clear repudiation of those attempts and a forceful stand for our Constitution and the rights of all those in our nation.”
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