Judge orders Kilmar Abrego Garcia to be immediately released from immigration detention

GREENBELT Md AP A federal judge in Maryland ordered Kilmar Abrego Garcia freed from immigration detention on Thursday while his legal challenge against his deportation moves forward U S District Judge Paula Xinis ruled that Immigration and Customs Enforcement must release Abrego Garcia from custody right now Since Abrego Garcia s return from wrongful detention in El Salvador he has been re-detained again without lawful authority the judge wrote For this reason the Court will GRANT Abrego Garcia s Petition for immediate release from ICE custody Justice Department and Homeland Guard spokespeople didn t straightaway respond to messages seeking comment on the judge s order Messages seeking comment were left with Abrego Garcia s attorney Simon Sandoval-Moshenberg Abrego Garcia a Salvadoran national has an American wife and child and has lived in Maryland for years but he originally immigrated to the U S illegally as a teenager An immigration judge in ruled Abrego Garcia could not be deported to El Salvador because he faced danger from a gang that targeted his family When Abrego Garcia was mistakenly deported there in March his matter became a rallying point for those who oppose President Donald Trump s immigration crackdown Abrego Garcia was returned to the U S under a court order Since he cannot be deported to El Salvador ICE has been seeking to deport him to a series of African countries His lawsuit in federal court contends Trump s Republican administration is illegally using the deportation process to punish Abrego Garcia over the embarrassment of his mistaken deportation to El Salvador Meanwhile in a separate action in immigration court Abrego Garcia is petitioning to reopen his immigration scenario to seek asylum in the United States Additionally Abrego Garcia is facing criminal charges in federal court in Tennessee where he has pleaded not guilty to human smuggling He has filed a motion to dismiss the charges claiming the prosecution is vindictive A judge has ordered an evidentiary hearing to be held on the motion after previously finding a few evidence that the prosecution against Abrego Garcia may be vindictive The judge commented various statements by Trump administration functionaries raise cause for concern The judge specifically cited a declaration by Deputy Attorney General Todd Blanche that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful deportation scenario