BALTIMORE (AP) — After a tumultuous year spent largely in custody, Kilmar Abrego Garcia can finally celebrate Christmas with his family this year. A U.S. District Judge in Maryland, Paula Xinis, granted Garcia an order late Monday, requiring the government lawyers to submit a brief by December 26 about the legal grounds for possibly returning him to immigration detainment. His legal team is set to respond by December 30.
A temporary restraining order is currently in place, preventing Immigration and Customs Enforcement (ICE) from detaining him while this legal matter unfolds.
“This decision signifies that Kilmar can enjoy the comfort of his home during the holiday, without the looming threat of abrupt separation from his family late at night,” noted Lydia Walther-Rodriguez, an organizer from the community group CASA, in an email.
Garcia's case has stirred significant debate on immigration issues, particularly as he aims to remain in the United States following a wrongful deportation to El Salvador where he faced imprisonment. The Trump administration had accused him of association with the MS-13 gang, claims which Garcia has denied. He holds no criminal record.
With a wife and child in the United States, Garcia has lived in Maryland for several years, but immigrated illegally as a teenager. In 2019, he was granted protection against deportation due to credible fears of harm back home.
Despite not being in official detention, Garcia’s freedom is precarious. Under mounting pressure, the Trump administration eventually allowed him back to the U.S. in June following a court ruling that underscored their improper actions during his deportation. Prior to his release, however, he endured two months in jail in Tennessee on separate human smuggling charges, to which he has pleaded not guilty.
His ongoing battle highlights significant challenges faced by many undocumented individuals navigating the complex U.S. immigration landscape. Over several months, government attorneys have proposed deportation to various countries, despite Garcia expressing willingness to be deported to Costa Rica instead, a plea that has reportedly gone unacknowledged by officials.
Judge Xinis has indicated the government’s lack of a viable deportation plan, suggesting potential misinformation regarding Costa Rica's position on accepting him.
