Abrego Garcia released from ICE custody following judge's order
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Kilmar Abrego Garcia enters an ICE field office on Aug. 25 in Baltimore, Md. Photo: Anna Moneymaker/Getty Images
Kilmar Abrego Garcia, the Maryland man the Trump administration wrongly deported to El Salvador earlier this year, was released from ICE custody Thursday following a federal judge's order.
Why it matters: Abrego Garcia's case has rallied immigrant rights groups and became an emblem of President Trump's far-reaching immigration crackdown.
- "Since Abrego Garcia's return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority," U.S. Judge Paula Xinis wrote in her 31-page ruling.
- "For this reason, the Court will GRANT Abrego Garcia's Petition for immediate release from ICE custody."
What they're saying: Abrego Garcia's lawyers confirmed his release Thursday afternoon to NBC News.
- "We remain hopeful that this marks a turning point for Mr. Abrego Garcia, who has endured more than anyone should ever have to," Simon Sandoval-Moshenberg, the lead counsel for Abrego Garcia, told NBC.
- Abrego Garcia's attorney declined to comment to Axios for this story.
The other side: "This is naked judicial activism by an Obama appointed judge," DHS assistant secretary for public affairs Tricia McLaughlin told Axios in an emailed statement.
- "This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts."
- White House press secretary Karoline Leavitt affirmed DHS' intentions of appealing Xinis' ruling on Thursday, adding that America has "unfortunately" seen "activist judges" in "many cases across the country."
- She also repeated the administration's position that Abrego Garcia is a gang member, which his attorney denies.
Context: An immigration judge ruled in 2019 that Abrego Garcia could not be sent back to his home country of El Salvador for fear of persecution, but did not explicitly order him to be removed to a specific country.
- Without a specific named destination for Abrego Garcia, the court ruled that he's being detained without a lawful final order of removal.
Zoom in: The Thursday ruling also found that the Trump administration was not making a consistent effort to remove Abrego Garcia in a timely manner.
- Abrego Garcia has said his preferred destination is Costa Rica, but the Trump administration instead pushed to send him to African countries where the Salvadorian has no ties, including Uganda, Eswatini and Ghana.
- Those governments declined to accept him, prolonging his stay in ICE custody despite the Costa Rican government's willingness to receive him.
The bottom line: Xinis wrote that between the administration's "threats" to send Abrego Garcia to African countries and its "persistent refusal to acknowledge Costa Rica as a viable removal option," it is clear that "whatever purpose was behind his detention, it was not for the 'basic purpose' of timely third-country removal."
- The White House did not immediately respond to Axios' request for comment.
Go deeper: New data: ICE arrests surge as agency chases Trump quota
Editor's note: This story has been updated with comment from the White House and to indicate Abrego Garcia was released from detention.
