Kilmar Abrego Garcia, a Salvadoran immigrant, will be able to spend Christmas with his family after a Maryland judge issued an order that lifts the temporary restraining order keeping him in detention. The decision, announced late on Monday, gives him a chance to sleep in his own bed without the fear of being separated from his family and community in the middle of the night.
Judge Paula Xinis’s Order
U.S. District Judge Paula Xinis, in Maryland, issued an order late on Monday requiring government attorneys to file a brief by Dec. 26 on whether they plan to take him back into immigration custody, and under what legal authority they would do so. His attorneys have until Dec. 30 to respond.
Temporary Restraining Order
A temporary restraining order that bars Immigration and Customs Enforcement from detaining him remains in place in the meantime. The order is a critical safeguard that prevents ICE from removing him from the community while the brief is pending.
Who Is Kilmar Abrego Garcia?
The Salvadoran citizen’s case has become a lightning rod for both sides of the immigration debate as he fights to remain in the U.S. after a mistaken deportation to his home country, where he was imprisoned. He has an American wife and child, has lived in Maryland for years, and immigrated to the U.S. illegally as a teenager.
Protection Granted in 2019
In 2019, an immigration judge granted him protection from being deported back to his home country, after concluding he faced danger there from a gang that targeted his family. Despite that protection, he was mistakenly deported to El Salvador in March.
Legal Battles and Government Actions
Facing mounting public pressure and a court order, Trump’s Republican administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges in Tennessee. He has pleaded not guilty to those charges and asked the judge to dismiss them. Abrego Garcia was held in a Tennessee jail for two months before he was freed to await trial with his family in Maryland, but he was only free for a weekend before he was detained by ICE. Trump administration officials have said he cannot stay in the U.S.
Threats of Deportation to Multiple Countries
Over the past few months, government attorneys have threatened to deport him to Uganda, Eswatini, Ghana and, most recently, Liberia. However, officials have made no effort to deport him to the one country he has agreed to go to – Costa Rica. Xinis has even accused the government of misleading her by falsely claiming that Costa Rica was unwilling to take him.
Current Status and Community Impact
On Dec. 11, Xinis ordered him released from ICE custody, finding that the government had no viable plan to deport him anywhere and could not keep him in detention indefinitely. “This decision means Kilmar gets to sleep in his own bed in the next coming days, without the fear of being separated from his family and community in the middle of the night,” Lydia Walther-Rodriguez, an organizer with the community group CASA, said in an email.
Key Takeaways
- Judge Paula Xinis ordered Kilmar Abrego Garcia’s release from ICE custody on Dec. 11.
- Government attorneys must file a brief by Dec. 26, with responses due by Dec. 30.
- The case highlights the tensions between immigration enforcement and protections for individuals facing danger in their home countries.
The release provides a brief respite for Kilmar and his family, allowing them to celebrate the holiday season together while the legal process continues to unfold.
