Wrongfully Deported Man Released, But Legal Battle Continues

Kilmar Abrego Garcia was released from federal custody on Friday, several months after being wrongfully deported to an El Salvador prison. He had been accused of being a gang member.

U.S. Magistrate Judge Barbara Holmes ordered Abrego's release from a jail near Nashville, Tennessee, where he had been held since his return from El Salvador's CECOT prison in June. According to one of his attorneys, Abrego is now on his way to his family in Maryland.

His attorney stated that Abrego was unlawfully arrested, deported, and imprisoned due to the government's actions against a man who fought back against the administration's actions. Abrego has 48 hours to reach his brother’s house in suburban Maryland, where he is allowed to live under specific conditions. He will also be required to check in with immigration officials at the ICE Baltimore field office.

Abrego, a father of three, expressed his joy at seeing his family after more than 160 days. He thanked those who supported him and acknowledged that while progress has been made, justice has not been fully served.

Abrego's attorneys had previously sought a 30-day delay in his release, fearing he might be detained by federal Immigration and Customs Enforcement officers. This followed two other rulings aimed at protecting Abrego.

In July, U.S. District Judge Waverly Crenshaw in Nashville sought to release Abrego, denying a government motion to block his release. Judge Paula Xinis in Maryland ruled that the government must restore Abrego to ICE supervision in Maryland, where he lived with his family before his mistaken deportation. This order is intended to provide relief to a wrongfully removed individual upon their return.

The July order also requires the government to provide 72 hours' notice if they intend to deport Abrego to a third country. His attorney stated that while his release offers some relief, he is still not safe, and the government must stop actions that could separate his family.

U.S. Sen. Chris Van Hollen stated that the fight is not over, and they will continue to fight to maintain Abrego's rights. He emphasized that if one person's rights are denied, the rights of all are at risk.

Abrego Garcia's case has become a focal point in the Trump administration's deportation efforts. The White House doubled down on its attack against Abrego, calling him a criminal illegal alien and gang member.

Abrego's lawyers have denied the allegations that he is a gang member. They stated he immigrated to the U.S. at 16 to join his brother in Maryland out of fear of gang violence in his home country. He was first deported to CECOT in March, in what the government called an "administrative error." He was returned to the U.S. in June and charged with human smuggling. He has pleaded not guilty, and a trial is scheduled for January.