Kilmar Abrego Garcia’s Fight for Justice: From El Salvador Prison to a Maryland Court Release

In a twist that has drawn national attention, Kilmar Abrego Garcia, a Salvadoran national, has been fighting a legal battle that began when he was mistakenly sent to an El Salvador prison in March.

The Case

Abrego Garcia’s story began in March when U.S. authorities mistakenly deported him to El Salvador, where he was held in a notoriously brutal prison known as CECOT. He has no criminal record, yet U.S. officials alleged he was a member of the MS‑13 gang—a claim he denies and was never charged with. Instead, he was later charged with human smuggling, a charge his lawyers have called “preposterous and vindictive.”

The Trump administration fought to keep him in detention and to pursue smuggling charges, but eventually complied with a court order. Since that release, his case has seen a series of legal filings and wranglings, including a brief weekend release and a federal district court judge in Maryland ordering him free again last week.

Legal Developments

During an interview with the Associated Press after the Maryland judge’s decision, Abrego Garcia’s lawyer, Simon Sandoval‑Moshenberg, said, “He’s been through a lot, and he’s still fighting.” He added that what Abrego Garcia can fight for is “circumscribed by the law and by the great power of the United States government, but he’s still fighting.”

The Department of Homeland Security criticized the judge’s ruling, calling it “naked judicial activism” by a judge appointed during the Obama administration. DHS has vowed to appeal and declined to comment further because a judge in Tennessee has placed restrictions on public statements.

The judge’s order temporarily bars the government from detaining Abrego Garcia again until a hearing can be held. The next hearing could occur as early as later this week, Sandoval‑Moshenberg said.

Paths Forward

Sandoval‑Moshenberg outlined several potential routes for Abrego Garcia. He believes the client has a strong case for asylum. Abrego Garcia’s original asylum claim in 2019 was rejected because it was filed after the one‑year deadline. However, the lawyer argues that the government essentially reset the clock by removing him to El Salvador and then bringing him back.

After alleged abuse in El Salvador this year, the lawyer thinks Abrego Garcia would have a “rock solid” asylum case, but he worries about the fairness of an immigration court hearing, noting, “I think they’ve already shown that they’re willing to stack the deck.”

Another option is a green card through marriage to an American citizen, but that would require a waiver from the government, which Sandoval‑Moshenberg doubts would be granted. A third possibility is removal to Costa Rica, a country that has offered him refuge and the chance to live and work legally without returning to El Salvador. The lawyer says Abrego Garcia would not want to be sent back to CECOT, stating, “His number one priority is not to end up back in CECOT,” and that “His number one priority is avoiding getting sent back to that prison.”

The attorney also noted that while Costa Rica is not “miserable enough” to satisfy the government’s punitive aims, it remains a viable option if the government is willing to remove him there.

The Human Side

During the weekend Abrego Garcia spent with his family, Sandoval‑Moshenberg discussed the government’s next steps and what his client might want for his future. He said, “There’s so many different ways it could go. And so much of it depends on just how dirty the government’s willing to play.”

He added that if the government were willing to remove him to Costa Rica, Abrego Garcia would accept it, although the decision ultimately rests with him. The lawyer emphasized that Abrego Garcia and his legal team would not consider that justice, which to them would mean staying with his family in the U.S. He also said that given everything he’s faced and the “fact that they’re apparently willing to use infinite prosecutorial resources against him, deportation to Costa Rica is an acceptable outcome for him.”

Sandoval‑Moshenberg remarked, “He’s a random guy,” explaining that the case is not about activism or persecution for political speech. The entire process of deportation, imprisonment, and return has “just been this really sort of bizarre, out of world experience for him.”

Key Takeaways

• Kilmar Abrego Garcia was mistakenly deported to El Salvador in March and held in the CECOT prison.
• He faces smuggling charges and a court‑ordered release by a Maryland judge, with DHS planning to appeal.
• Possible outcomes include asylum, a green card via marriage, or removal to Costa Rica, with his priority being to avoid returning to El Salvador.

Conclusion

Abrego Garcia’s case highlights the complexities of U.S. immigration enforcement and the legal avenues available to those who find themselves caught in a bureaucratic maze. As the next hearing approaches, all eyes remain on how the courts and the Department of Homeland Security will navigate this unprecedented situation.

*Loller reported from Nashville, Tennessee.*