A Salvadoran migrant at the center of a months-long political firestorm walked out of federal custody on Thursday and immediately used his first public appearance to attack the White House and vow to “continue to fight” President Donald Trump.
Kilmar Abrego Garcia, speaking outside an ICE check-in facility in Baltimore, declared himself “a free man.”
The suspected human trafficker and MS-13 gang member walked free one day after U.S. District Judge Paula Xinis, a Barack Obama appointee, ordered his release from the Moshannon Valley Processing Center in Pennsylvania.
“I want to tell everybody who is also suffering family separation. God is with you,” Garcia, who doesn’t speak English, said through a translator.
“This is a process. Keep fighting.
“I stand before you as a free man.
“And I want you to remember me this way.
“With my head held up high.”
Garcia then gloated that he had spent the previous night celebrating with his family, “especially so close to Christmas and being in this holiday season.”
DHS Accuses Obama Judge of “Judicial Activism”
Judge Xinis justified her order by claiming the Trump administration had not obtained the proper final removal notice needed to deport Garcia to a third country.
The administration had previously identified several African nations as potential destinations for deportation.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis wrote.
The ruling immediately triggered sharp pushback from the Department of Homeland Security (DHS).
“This is naked judicial activism by an Obama-appointed judge,” DHS spokesperson Tricia McLaughlin said in a social media post.
“This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts.”
The White House made clear it intends to challenge the order as well.
Press secretary Karoline Leavitt told reporters the administration would “absolutely” appeal what she described as “another instance of activism” by a federal judge.
The Case Behind the Controversy
Garcia, who lived in Maryland with his wife and children, was deported to El Salvador earlier this year after being arrested on human smuggling charges tied to a 2022 traffic stop.
The Trump administration also revealed that Garcia is a member of the deadly Mexican street gang MS-13.
“The facts are he is an illegal alien from El Salvador, a MS-13 gang member, and has a history of violence,” DHS said in April.
His deportation ignited a political backlash after the administration acknowledged he had been sent to El Salvador “in violation of a 2019 court order” due to an “administrative error.”
He was subsequently placed inside the country’s CECOT mega-prison before Judge Xinis ordered that he be “immediately” returned to the United States.
Once back in the U.S., he was detained again, leading to the judge’s latest confrontation with federal authorities.
Failed Attempts to Deport to Four African Nations
Before the controversy over his removal to El Salvador, the administration had attempted to deport Garcia to multiple African countries, including Liberia, Eswatini, Uganda, and Ghana.
All attempts failed, however.
What Comes Next
Abrego Garcia’s legal status remains unresolved, and the Justice Department is expected to file its challenge to Judge Xinis’ release order shortly.
Meanwhile, ICE has required him to continue reporting to the Baltimore field office as his proceedings continue.
He left the facility on Friday, insisting he would not back down:
“I want to… stand firm against all of the injustices this government has done upon me.”
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