Kilmar Abrego Garcia Released, Heads to Family in Maryland

The Trump administration acknowledged that Garcia’s deportation, which violated a judge’s order, resulted from an “administrative error.” It nevertheless sought to keep him in El Salvador, citing allegations that he belonged to the Salvadoran gang MS-13. The Supreme Court ruled 9-0 that the administration must facilitate his return to the United States.

Garcia was among more than 200 people deported without trial to El Salvador’s CECOT prison. The vast majority, according to the source article, had never been convicted of or charged with a crime. Garcia has said he suffered beatings and psychological torture there. He returned to the United States in June, after which the Justice Department charged him with human smuggling. His lawyer Simon Sandoval-Moshenberg called the charges “preposterous.”

Garcia’s attorneys are seeking to dismiss the case, arguing that the prosecution is meant to punish him for asserting his rights. They cited a former Justice Department lawyer’s claim that he was fired after refusing to submit a misleading brief alleging Garcia was an MS-13 member.

The administration has argued that Garcia is not entitled to due process because of his immigration status and threatened to put him back in ICE detention and deport him to a third country. Last month, US District Judge Paula Xinis barred ICE from immediately rearresting him. US Magistrate Judge Barbara D. Holmes ordered that Garcia have access to his attorneys if he is taken into custody. Rep. Pramila Jayapal (D-Wash.) welcomed his release and urged the administration to stop its investigations and let his family remain together.