Kilmar Abrego Garcia is 'Free' From Custody, En Route to Family in Maryland
He now awaits trial in what his lawyers argue is a "vindictive prosecution" by the Justice Department.
Kilmar Abrego Garcia, the Salvadoran man whom the Trump administration wrongfully deported in violation of a judge's order earlier this year, was released from custody in Tennessee on Friday.
"Today, Kilmar Abrego Garcia is free," his attorney, Sean Hecker, said. "He is presently en route to his family in Maryland, after being unlawfully arrested and deported, and then imprisoned, all because of the government's vindictive attack on a man who had the courage to fight back against the administration's continuing assault on the rule of law. He is grateful that his access to American courts has provided meaningful due process."
The Trump administration acknowledged that its deportation of Garcia to languish in a prison camp in El Salvador in March was the result of an "administrative error." But it fought to keep him there based on unsubstantiated charges that he was a member of the Salvadoran gang MS-13, even after the Supreme Court ruled 9-0 that the administration must facilitate his return.
Abrego Garcia was one of more than 200 people deported to the CECOT prison without trial—the vast majority of whom were found to have never been convicted of or even charged with a crime. While there, he says he endured beatings and psychological torture before being brought back to the United States in June.
The Justice Department hit him with charges for human smuggling, which his lawyer Simon Sandoval-Moshenberg has described as "preposterous" and a way for the Trump administration to save face after an egregious miscarriage of justice. Nearly a month after a judge ordered his release from custody, Abrego Garcia is now heading back to Maryland, where he will await trial.
His lawyers argue that the DOJ "has engaged in a vindictive prosecution, seeking to penalize Abrego Garcia for asserting his rights, rather than accepting an unjust outcome."
In a motion to dismiss the case filed this week, the attorneys argued that "such tactics are inconsistent with principles of fairness and justice, and that the prosecution should be dismissed."
As evidence of this, his lawyers have cited a claim from a former Justice Department lawyer who says he was fired after refusing to file a misleading brief claiming Abrego Garcia was a member of MS-13.
The Trump administration, which has argued that Abrego Garcia is not entitled to due process because of his immigration status, has threatened to immediately return him to Immigration and Customs and Enforcement (ICE) detention and deport him to a third country. However, last month, US District Judge Paula Xinis, who is overseeing his case, barred ICE from immediately rearresting him.
If he is taken into custody, US Magistrate Judge Barbara D. Holmes has ordered that he be given access to his attorneys.
Rep. Pramila Jayapal (D-Wash.) has said Abrego Garcia's release was "fantastic news!"
"I am thrilled for Kilmar Abrego Garcia!" she wrote on X. "The Trump administration must stop their unfounded investigations and let his family remain together."
