GREENBELT, Md. (RTWNews) — A federal judge in Maryland promised on Thursday to rule as soon as possible on whether to order the release of Kilmar Abrego Garcia from immigration custody.
Abrego Garcia’s mistaken deportation to El Salvador in March, in violation of an earlier court settlement, has galvanized both sides of the debate over immigration policies. Since his return to the United States in June, the government has been seeking to deport him to a series of African countries including Liberia, Uganda, and Ghana. His attorneys claim the government is illegally using the immigration system to punish Abrego Garcia.
U.S. District Judge Paula Xinis earlier issued an injunction that prevents his immediate removal. The government has since requested to lift this injunction. During court proceedings, John Cantu of Immigration and Customs Enforcement testified in support of the government's proposal to send Abrego Garcia to Liberia.
Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated illegally from El Salvador as a teenager. In 2019, an immigration judge granted him protection from deportation back to his home country due to fears for his safety. With El Salvador off the table, the government aims to deport him to a third country.
Although Costa Rica had previously agreed to accept him, the U.S. government has not pursued this option and remains focused on sending him to various African nations. Cantu testified that removal to Costa Rica is not an option at this time, lacking clarity on why this is the case.
Attorneys for Abrego Garcia argue that the government cannot hold him indefinitely without a final removal order. Judge Xinis expressed concerns, stating that without such an order, Abrego Garcia likely should not be in custody: “You can’t fake it ’till you make it,” she remarked.
Even if released from custody, the government likely will continue to pursue his deportation. Abrego Garcia has petitioned to reopen his immigration case for asylum, but the outcome remains uncertain. After the hearing, his attorney criticized the government's lack of explanation regarding Costa Rica, adding to the belief that the immigration process is being misused as a form of retaliation. “I can’t think of any reason why we’re still fighting out this case,” he said.
Abrego Garcia’s mistaken deportation to El Salvador in March, in violation of an earlier court settlement, has galvanized both sides of the debate over immigration policies. Since his return to the United States in June, the government has been seeking to deport him to a series of African countries including Liberia, Uganda, and Ghana. His attorneys claim the government is illegally using the immigration system to punish Abrego Garcia.
U.S. District Judge Paula Xinis earlier issued an injunction that prevents his immediate removal. The government has since requested to lift this injunction. During court proceedings, John Cantu of Immigration and Customs Enforcement testified in support of the government's proposal to send Abrego Garcia to Liberia.
Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated illegally from El Salvador as a teenager. In 2019, an immigration judge granted him protection from deportation back to his home country due to fears for his safety. With El Salvador off the table, the government aims to deport him to a third country.
Although Costa Rica had previously agreed to accept him, the U.S. government has not pursued this option and remains focused on sending him to various African nations. Cantu testified that removal to Costa Rica is not an option at this time, lacking clarity on why this is the case.
Attorneys for Abrego Garcia argue that the government cannot hold him indefinitely without a final removal order. Judge Xinis expressed concerns, stating that without such an order, Abrego Garcia likely should not be in custody: “You can’t fake it ’till you make it,” she remarked.
Even if released from custody, the government likely will continue to pursue his deportation. Abrego Garcia has petitioned to reopen his immigration case for asylum, but the outcome remains uncertain. After the hearing, his attorney criticized the government's lack of explanation regarding Costa Rica, adding to the belief that the immigration process is being misused as a form of retaliation. “I can’t think of any reason why we’re still fighting out this case,” he said.
