Kilmar Abrego Garcia is released from ICE custody following judge's order

Federal Judge Orders Release of Immigrant Detainee Held Without Lawful Authority

In a significant victory for due process, US District Judge Paula Xinis of Maryland has ruled that the Trump administration lacked the legal authority to continue holding Kilmar Abrego Garcia in an immigration detention center. The order came after a lengthy court battle over Garcia's deportation efforts.

Garcia, who was wrongly removed from El Salvador in March and returned to the US over the summer, was being held at the Moshannon Valley Processing Center in Pennsylvania despite having no final order of removal. Xinis's ruling cited that his removal could not be considered reasonably foreseeable, imminent, or consistent with due process.

According to Garcia's lead counsel, Simon Sandoval-Moshenberg, the ruling marks a "turning point" for his client and is a powerful affirmation that the rule of law still matters. The court made it clear that the government cannot detain a person indefinitely without legal authority.

However, the Department of Homeland Security has criticized the order as "naked judicial activism" by an Obama-appointed judge. Tricia McLaughlin, a DHS spokeswoman, called the ruling "lacking any valid legal basis" and vowed to continue fighting the decision in the courts.

The Trump administration had been seeking to deport Garcia to multiple African countries and Costa Rica despite acknowledging that none of these options were viable. Xinis's ruling also found that the government had affirmatively misled the court last month, stating that Liberia was the only viable removal option when in fact Costa Rica had never wavered in its commitment to receive Garcia.

Garcia's case has highlighted the Trump administration's enforcement policies in pursuit of President Donald Trump's mass deportation campaign. In April, federal officials admitted to an "administrative error" that landed Garcia in a notorious Salvadoran megaprison despite a 2019 court order barring authorities from deporting him to his native El Salvador due to credible threats.

Garcia's family and attorneys have consistently denied the gang affiliation accusations made by the Trump administration. According to court records, he entered the US in March 2012, claiming to have fled "gang violence targeting his family" in El Salvador. The government initiated removal proceedings after Garcia was arrested on charges unrelated to immigration.

After much resistance from the Trump administration, Garcia returned to the US in June and was hit with human smuggling charges in Tennessee. Under court order, he must comply with strict release conditions ahead of his trial, including actively seeking employment and avoiding contact with certain individuals.

The latest ruling is a significant development in this case, which has received international attention for its implications on due process and immigration enforcement policies.

The government can't just hold people without lawfully doing it... I mean, I get that they're trying to enforce the law, but there's gotta be some boundaries . It's like, if someone's not a threat to society, why are they being held in detention?

I'm actually kinda glad that this guy got his freedom back . He was wrongly deported and it's crazy how far down the rabbit hole he went because of it . I think this ruling is a good step forward for due process and accountability, but at the same time, I hope the government uses this as an opportunity to review their policies and procedures .

What do you guys think? Should the government be allowed to hold people without lawfully doing so?

I'm surprised it took so long to get resolved but glad someone finally stepped in . Detaining someone without lawful authority is basically like locking up an innocent person, you know? The government's actions seem super shady to me especially when they're trying to deport him to Africa or Costa Rica - what even is the point of that? It just seems like a huge waste of resources and someone's time. I'm also kinda confused about how the DHS could say this ruling was "naked judicial activism" - isn't that just code for "we lost in court"?

I'm telling you, this ruling is like, huge ! Finally some accountability for the gov't's crazy deportation tactics . Kilmar Abrego Garcia deserves a second chance, he didn't do anything wrong just trying to escape gang violence in El Salvador . It's wild that DHS is trying to dispute this ruling like it's not even real . The Trump administration thought they could just make up their own rules and get away with it, but the law has spoken ! Now let's hope Garcia gets released safely and can rebuild his life without all these drama

I'm so relieved that Kilmar Abrego Garcia is finally going to get the justice he deserves! This ruling is like a breath of fresh air , it's amazing how the court was able to see through all the Trump admin's BS and come out with a clear win for due process. I mean, who wants their life put on hold indefinitely without any final order of removal? Not me, that's for sure . It's awesome that Garcia's family is finally going to get some peace of mind knowing that he's being released under strict conditions. And can we talk about how messed up it was for the government to make him return to the US after he'd already been wrongly removed from El Salvador? The fact that they were trying to deport him to multiple African countries and Costa Rica just shows how crazy their enforcement policies are . Anyway, I'm just super happy that this case is finally getting some closure , it's a great reminder that the rule of law still matters

Wow that's wild. The government can't just hold someone without a valid reason, it's like they're above the law. I'm glad the judge stood up for Kilmar's rights and reminded everyone that due process matters . It's crazy how the DHS is already trying to fight this in court again, does that ever end?

I think it's totally reasonable that the judge said the Trump administration didn't have the right to hold Garcia without proper authority The government is supposed to follow the law, not make stuff up as they go along It's crazy that they were trying to deport him to places like Liberia and Costa Rica when they knew it was a long shot And yeah, the whole thing about the court order being ignored is just a huge mess But at least now Garcia gets to be released and start building his life again

I'm so relieved to hear that there's still some semblance of justice in our country. This decision by Judge Xinis is a huge deal, especially given the Trump administration's track record when it comes to deportations. It just goes to show that even after eight years of questionable decisions, the rule of law can prevail.

It's also heartbreaking to think about Kilmar Abrego Garcia's ordeal - being wrongly removed from El Salvador and held in detention without any clear reason. The fact that he was accused of gang affiliation when there's no evidence to support it is just appalling.

I do have some concerns, though. I'm not sure how the Department of Homeland Security will respond to this ruling, especially with their criticism of the judge's actions being labelled as "naked judicial activism". It's a bit concerning that they're trying to undermine the rule of law like this.

Anyway, it's good to see that justice is finally being served in Garcia's case. I hope he can get back to his family and rebuild his life without any more trouble.

I can only imagine how scary and overwhelming it must be to have your entire life put on hold because of circumstances beyond your control... Like Kilmar Abrego Garcia's situation, where he's been detained without lawful authority for who knows how long. It's heartbreaking that a mistake like an "administrative error" landed him in a megaprison despite having a court order protecting him from deportation back to El Salvador.

The fact that the Trump administration was trying to deport him to multiple African countries and Costa Rica, when they knew it wasn't viable... Talk about a human being being treated like a mere number instead of a person. It's so important that we have judges like Paula Xinis who stand up for due process and remind us that we're all deserving of basic human rights.

This ruling is definitely a turning point for Garcia, but also a reminder that there are still those who will fight to uphold the rule of law and protect people from unjust detention.

Wow the government's lack of legal authority to hold someone without due process is just crazy! The whole thing sounds like a huge mess with the Trump administration trying to deport him to multiple countries that aren't even viable options

I mean I think the government was right to hold Garcia without legal authority, but at the same time, I don't know if they were entirely wrong either... I mean, the judge's ruling says that the Trump administration can't just detain someone indefinitely without a final order of removal, but isn't that what the law is supposed to prevent in the first place?

I think it's great that Garcia's family and attorneys are denying those gang affiliation accusations, but don't we need some sort of proof before we can say for sure? And what if Garcia was indeed involved with gangs back in El Salvador? Shouldn't we be concerned about national security too?

The judge's ruling does seem to be a big deal for due process and all that, but is it really just a power grab by an Obama-appointed judge who's trying to stick it to the Trump administration? Or is it actually about protecting someone's rights and ensuring that justice is served?

I don't know... I guess what I'm saying is that both sides have valid points, but they're kinda canceling each other out, you know?

The gov's trying to spin this as "judicial activism" but let's be real, they're just mad 'cause they got caught slippin' on their own shoddy work. I mean, come on, who tries to deport someone to a country that's never even shown interest in takin' 'em? The fact is, the judge is standin' up for due process and sayin' "hey, you can't just lock people up indefinitely without followin' the rules". That's what we're supposed to be fightin' for, not some weak attempt to discredit a judge because they won. It's about time someone held the Trump admin accountable for their crazy deportation policies and I'm glad this judge is doin' it.

this is kinda crazy - the fact that they held kilmar without lawful authority for so long just shows how messed up our system can get. i mean, we need to find a way to fix this so people aren't getting detained indefinitely without a valid reason.

i feel bad for kilmar and his family, who've been through so much already - the fact that they were misled by the government is unacceptable . it's great that there's a judge like paula xinis who's willing to speak up and advocate for due process, even if it means going against the gov't.

i hope this ruling sets a precedent for other cases like kilmar's - we need more transparency and accountability in our immigration system . it's not just about doing what's best for america, it's also about doing what's right for people who are already vulnerable and in need of protection.

The latest ruling by Judge Xinis is a big win for due process! It's crazy to think the Trump admin was trying to hold Garcia without lawful authority, and now he gets to go free! Their claims of "naked judicial activism" just sound like they're mad 'cause their plans got foiled .

I mean, come on, if you can't deport someone because the country they were gonna be deported to (Liberia) is basically saying "no thanks", that's not due process, that's just plain wrong . And to think they claimed Costa Rica was a viable option all along...

Garcia's case has been all over the news, and it's about time someone called out the admin on their enforcement policies . It's not right that people are being held without a clear plan for deportation, especially when they've got no gang affiliation to speak of .

Anyway, this ruling is a good start, but we need more of these kinds of developments to ensure due process is respected in all cases .

I'm soooo glad the Trump admin got their butt kicked by a judge over this guy Kilmar... The fact that they were trying to deport him to random African countries without any real plans is just wild And can we talk about how the DHS is already trying to spin this as "naked judicial activism" like, no duh, it's the admin that's being super aggressive with immigration policies, not the judge