BALTIMORE (AP) — Kilmar Abrego Garcia can spend Christmas with his family after spending much of the year in custody. U.S. District Judge Paula Xinis, in Maryland, issued an order requiring government attorneys to file a brief by Dec. 26 on whether they plan to take him back into immigration custody and under what legal authority. His attorneys have until Dec. 30 to respond. A temporary restraining order that prevents his detention remains in place.
“This decision means Kilmar gets to sleep in his own bed in the coming days, without the fear of being separated from his family and community in the middle of the night,” said Lydia Walther-Rodriguez, an organizer with the community group CASA.
The Salvadoran citizen’s case has fueled passionate debate over immigration as he fights to remain in the U.S. following a mistaken deportation back to a country where he faced imprisonment. Claims have been made against him regarding gang affiliation; however, he has denied these allegations vehemently.
Garcia has lived in Maryland for several years and has an American wife and child. In 2019, he was granted protection from deportation due to threats against his family by a local gang, but a mistake led to his deportation to El Salvador in March. Following a court order and significant public pressure, he was brought back to the U.S. in June after an arrest warrant was issued on unrelated charges, to which he has pleaded not guilty.
While under the jurisdiction of the court, Garcia was released to await trial in family custody before facing the threat of reevaluation by immigration authorities. Xinis, in her earlier ruling, emphasized that the government had failed to present a legitimate plan for his deportation, ultimately allowing him some reprieve during this holiday season.
“This decision means Kilmar gets to sleep in his own bed in the coming days, without the fear of being separated from his family and community in the middle of the night,” said Lydia Walther-Rodriguez, an organizer with the community group CASA.
The Salvadoran citizen’s case has fueled passionate debate over immigration as he fights to remain in the U.S. following a mistaken deportation back to a country where he faced imprisonment. Claims have been made against him regarding gang affiliation; however, he has denied these allegations vehemently.
Garcia has lived in Maryland for several years and has an American wife and child. In 2019, he was granted protection from deportation due to threats against his family by a local gang, but a mistake led to his deportation to El Salvador in March. Following a court order and significant public pressure, he was brought back to the U.S. in June after an arrest warrant was issued on unrelated charges, to which he has pleaded not guilty.
While under the jurisdiction of the court, Garcia was released to await trial in family custody before facing the threat of reevaluation by immigration authorities. Xinis, in her earlier ruling, emphasized that the government had failed to present a legitimate plan for his deportation, ultimately allowing him some reprieve during this holiday season.
