An American judge ordered this Thursday immediate release of Kilmar Abrego Garciathe Salvadoran migrant returned to the United States after an irregular deportation to El Salvador and who is currently detained in an Immigration and Customs Enforcement (ICE) immigration facility.
Paula Xinis, a federal judge in Maryland, ordered the “immediate” release of Ábrego and assured that His arrest took place “without legal authorization”. The Salvadoran, who resides in Maryland, was deported to El Salvador in March and incarcerated in the CECOT maximum security prison despite the fact that an American judge had banned his expulsion from the country. After a bitter legal battle with Donald Trump’s administration, which accused him of involvement in human trafficking and being a gang member, Ábrego was returned to the United States in June to face federal charges.
Currently, remains in ICE custody in Pennsylvaniawhile the US government seeks a way to deport him to a third African country with which he has no ties. The judge ruled that “he remained in ICE custody to carry out his deportation to a third country without there being a legal deportation order.”
“Defendants’ (the U.S. government’s) behavior over the past several months refutes that their detention had the fundamental purpose of carrying out deportation, further reinforcing the notion that Abrego García should not remain detained,” Xinis wrote.
The White House will appeal the judge’s decision
Although he is released from ICE custody, the Salvadoran remains subject to a pretrial release ordered by a Tennessee judge, pending trial on human trafficking charges. White House spokeswoman Karoline Leavitt said today that the Trump administration plans to appeal Xinis’ decision. “White House and government oppose judge’s activism who, in effect, is acting as a judicial activist, which we have unfortunately seen in many cases across the country,” the spokesperson explained.
“Abrego García is in our country illegally. He has been proven to be a human trafficker. There is evidence that he is a gang member. “The government has proof, and as you’ve already seen, the Department of Homeland Security has issued a statement saying they will continue to fight this legal battle,” Leavitt explained.
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