Photo: Chip Somodevilla / Getty Images News / Getty Images
Kilmar Abrego Garcia, a Maryland resident originally from El Salvador, was released from federal custody in Tennessee today (August 22) as he awaits trial on human smuggling charges. Abrego Garcia, who had been wrongfully deported to El Salvador earlier this year, returned to the U.S. in June. His release marks a significant development in a case that has raised questions about due process and immigration enforcement under President Donald Trump's administration.
Abrego Garcia was deported in March to El Salvador's CECOT prison, despite a 2019 U.S. immigration judge's order that he had a "well-founded fear" of gang persecution there. The White House later called his deportation an "administrative error." Upon his return to the U.S., he was detained on charges of transporting migrants without legal status from Texas to other parts of the country, charges he denies.
His attorney, Sean Hecker, expressed relief at his release, stating that Abrego Garcia is grateful for the due process provided by American courts. However, his freedom may be temporary, as U.S. Immigration and Customs Enforcement (ICE) could attempt to detain him again. A federal judge has ruled that ICE cannot immediately take him into custody without prior notice to his attorneys.
Abrego Garcia's legal team has filed a motion to dismiss the smuggling charges, arguing they are politically motivated. U.S. Magistrate Judge Barbara Holmes has questioned the validity of these charges, noting that the government's claims "approach physical impossibility."
Abrego Garcia, who entered the U.S. illegally in 2011 to escape gang threats, has been living in Maryland with his wife, Jennifer Vasquez Sura, and their three children. He is accused of being a member of the MS-13 gang, an allegation he denies. His case continues to unfold as he returns to Maryland under the watch of a private security firm.