Kilmar Abrego Garcia, a Salvadoran national who was erroneously removed to his home country in March, will continue living under supervised release with his Maryland family until at least the end of December. This follows a federal judge's decision on Monday to prolong a temporary restraining order that blocks authorities from taking him into custody again.
Legal Proceedings Continue
During Monday's hearing, U.S. District Judge Paula Xinis pressed government attorneys for clear details on their intentions regarding Abrego Garcia. She emphasized the need for lawful justification before any further action, referencing his previous unlawful detention and deportation.
"Why should I give the respondents the benefit of the doubt?" Xinis questioned, addressing the administration's stance. She added, "I need something to say, 'okay, they're not just going to pick Mr. Abrego Garcia up without lawful authority.' That's a real question. He was deported without lawful authority, he was detained without lawful authority."
Justice Department attorney Ernesto Molina responded that he required consultation with Homeland Security officials before providing specific plans.
Background of the Case
Abrego Garcia has faced prolonged legal uncertainty. After entering the U.S. unlawfully in 2011, he was deported to El Salvador in March and held in a maximum-security prison, despite existing court orders prohibiting his removal. The administration later termed this an "administrative error." He was returned to the U.S. in June to address human smuggling allegations.
Following pretrial detention in Tennessee and subsequent release, he was re-arrested and held by immigration authorities seeking to deport him again. Earlier this month, Judge Xinis ruled his detention unlawful, leading to his release from federal custody.
He recently appeared in person at a Greenbelt, Maryland federal court for the first time since his release.
Ongoing Legal Challenges
Abrego Garcia's legal team is navigating his immigration case while he also faces criminal prosecution in Tennessee for alleged human smuggling in January. He has pleaded not guilty and is seeking dismissal, claiming the charges are selective and vindictive.
Attorney Jonathan Cooper stated, "If the government were to say today, we're going to remove Mr. Abrego Garcia to Costa Rica," his client is ready to depart "as soon as this afternoon."
Another attorney, Simon Sandoval-Moshenberg, noted his client is "literally in a double bind in which he has two ankle bracelets on him," preventing self-deportation.
The court has set deadlines: the Justice Department must submit its definitive plans by December 26, with Abrego Garcia's attorneys responding by December 30.
