A case at the center of a national immigration fight
A federal court in Maryland has ordered the release of Kilmar Ábrego García from ICE custody, marking the latest development in a legal battle that has become a symbol of the broader conflict over President Donald Trump’s immigration and deportation agenda. Ábrego, a Salvadorian national and former construction worker living in Maryland, will now receive guidance on his release conditions in a separate criminal case pending in Tennessee.
The Trump administration has repeatedly described Ábrego as a gang member, particularly linking him to MS-13, despite the absence of any criminal convictions. His attorneys have strongly rejected the accusations, and Ábrego has maintained that he previously suffered beatings, sleep deprivation and psychological torture while imprisoned in El Salvador.
Judge rules detention unlawful
US district judge Paula Xinis sharply criticized the government’s actions, writing that Ábrego had been “wrongfully detained” and later “redetained, again without lawful authority.” With no valid removal order in place, Xinis stated the government cannot legally deport him.
Earlier this month, federal prosecutors asked the court to lift restrictions preventing his deportation — proposing Liberia as an alternative destination. They claimed the country had given assurances he would not face persecution or torture.
But Ábrego’s history complicates matters. He had been living in Maryland with his wife and children before immigration authorities deported him in March to a mega-prison in El Salvador, despite a 2019 court ruling that barred his removal there due to credible threats against his safety.
A mistaken deportation and its fallout
Ábrego’s unlawful deportation set off a major legal fight, becoming emblematic of the Trump administration’s hardline approach to immigration enforcement. Government attorneys later conceded that his removal was the result of a procedural error. Multiple federal judges — and eventually a unanimous US supreme court — ordered the administration to facilitate his return after determining that his arrest itself was “illegal.”
He was brought back to the US in June to face human smuggling charges in Tennessee, where he pleaded not guilty. Since then, the administration has attempted to deport him to several different countries, including Ghana, Liberia and Uganda.
A cycle of custody and court intervention
After being released to his brother’s care in Maryland while awaiting trial, Ábrego was taken back into custody by immigration authorities and detained in Pennsylvania. In August, Judge Xinis issued an order preventing his immediate removal from the country, citing the unresolved legal issues surrounding his status.
Thursday’s ruling marks another critical point in a case that continues to draw national attention, underscoring long-standing tensions over deportation policy, due process and the limits of executive authority.
