A Long Journey to Freedom for Kilmar Abrego Garcia

Kilmar Abrego Garcia is finally free after a long legal battle. A federal judge in Maryland ruled that the Trump administration did not have the right to keep him in detention. The judge, Paula Xinis, said that Abrego's removal was not legal or fair. She ordered his release from the Moshannon Valley Processing Center in Pennsylvania. Abrego's legal team confirmed that he was released on Thursday afternoon. They said, "Garcia is in the car. He has left the center. " Simon Sandoval-Moshenberg, Abrego's lead counsel, expressed hope that this is a turning point for Abrego. He said, "We remain hopeful that this marks a turning point for Mr. Abrego Garcia, who has endured more than anyone should ever have to. " The Department of Homeland Security did not agree with the judge's decision. Tricia McLaughlin, a DHS spokeswoman, called it "naked judicial activism. " She said the order lacks a valid legal basis and that they will continue to fight it in court. Abrego's case has been complicated. He was wrongfully deported to El Salvador in March and returned to the U. S. in June. The Trump administration has claimed he is a member of MS-13, a Salvadoran gang, but Abrego and his family deny this. They say he has not been convicted of any crimes. Abrego entered the U. S. in 2012, fleeing gang violence in El Salvador. He was arrested in Maryland in 2019 and turned over to immigration authorities. An immigration judge granted him "withholding of removal, " which means the U. S. government cannot deport him to El Salvador because of gang threats there. However, the Trump administration deported him anyway. After his return to the U. S. , Abrego was immediately hit with human smuggling charges in Tennessee. He has pleaded not guilty and denied the allegations. When he is released from ICE detention, he must go to his brother's house in Maryland. He must also actively seek employment, not obtain a passport, and not travel outside of the Middle District of Tennessee or District of Maryland unless approved in advance by pretrial services. The court order also said that he cannot have contact with any person who is or may be a co-defendant, a victim or witness in the Tennessee investigation or prosecution, except family members. He cannot possess a firearm, use alcohol excessively, use narcotics, and must submit to drug testing. He also must not have any contact, directly or indirectly, with any known MS-13 gang member.