Upon Kilmar Abrego Garcia's release, Maryland lawmakers applaud his return home
Maryland leaders are weighing in after learning that Kilmar Abrego Garcia was released from jail in Tennessee on Friday and reunited with his family. He will be returning to Maryland, "where he rightly belongs," Sen. Chris Van Hollen said.
His release comes almost six months after he was taken into custody by U.S. Immigration and Customs Enforcement (ICE) agents, mistakenly deported to a Salvadoran prison, then returned to the U.S. and charged with federal smuggling offenses.
In a statement, his lawyer, Simon Sandoval-Moshenberg, said, "For the first time since March, our client Kilmar Abrego Garcia is reunited with his loving family. While his release brings some relief, we all know that he is far from safe. ICE detention or deportation to an unknown third country still threaten to tear his family apart."
Abrego Garcia, an El Salvador native, lived with his wife and three kids in Prince George's County, Maryland, at the time of his deportation. He entered the U.S. illegally in 2011 to escape gang violence, according to court documents. He then traveled to Maryland to unite with his older brother, who is a U.S. citizen.
Conditions of Abrego Garcia's release
Abrego Garcia's brother will have custody of him while he is in Maryland, according to the court's order of release, which WJZ Investigates reviewed.
He will have to wear an ankle monitor with GPS location tracking.
"Abrego shall travel directly to Maryland, where he must report by phone to Pretrial Services for the District of Maryland by no later than 10:00 a.m. on Monday, August 25th," U.S. Magistrate Judge Barbara Holmes wrote. "Thereafter, Abrego must remain in the custody of his brother."
Holmes also took into consideration the fears of Abrego Garcia's legal team that the government could seek to place him into ICE custody upon his arrival in Maryland.
"Should Abrego be taken into ICE custody following his return to Maryland, the United States, specifically, but without limitation, ICE authorities, Department of Homeland Security officials, and/or Department of Justice officials, shall ensure that, while Abrego remains in ICE custody, he has access to his attorneys, both physically and via telephone, to allow Abrego to prepare for trial in this case."
His Tennessee trial on human smuggling charges is still set for January.
Judge Holmes also directed Abrego Garcia to an anger management program.
The order also said Abrego Garcia is to have no contact "with any known MS-13 gang member" and not use alcohol "excessively" or possess any firearms.
It also provided more details on home detention. "You are restricted to your residence at all times except for employment, education, religious services, medical, substance abuse, or mental health treatment; attorney visits, court appearances, court-ordered obligations, or other essential activities approved in advance by the pretrial services office or supervising officer," the order said.
Abrego Garcia's wife and Maryland advocacy group CASA have fought since he was wrongly detained in March to gain his release.
"It's a journey that no one ever should have to suffer—a nightmare that feels endless," his wife, Jennifer Vazquez Sura, previously told WJZ. "My husband, Kilmar, was abducted by the U.S. government. In the blink of an eye, our three children lost their father, and I lost the love of my life."
Maryland leaders react
Maryland Gov. Wes Moore on Friday emphasized the right to due process, saying "...from the start, we've asked that due process be followed—meaning everyone receives proper notice of the allegations against them and has an opportunity to be heard."
"This was never about one person, but about the laws that govern all people in our country," the governor wrote. "Several courts have made decisions in this case, and we expect the Trump administration to follow those decisions."
Senator Angela Alsobrooks released a statement, saying, "We are a nation of laws, and this President would do well to remember that. Kilmar Abrego Garcia will finally be afforded due process despite this Administration's attempts to circumvent our legal system. This case is bigger than one individual, and I will continue to fight to uphold the rule of law."
Van Hollen also shared his thoughts on Abrego Garcia's release, saying, "Following the court's ruling, I'm glad that [Abrego Garcia] is being returned to his home and his family, where he rightly belongs."
The senator has spoken out on behalf of Abrego Garcia several times since his deportation, and even met with Abrego Garcia during his detention in El Salvador.
Kilmar Abrego Garcia's deportation
Abrego Garcia was deported to a supermax prison in El Salvador in March. He sued federal immigration officials, saying protections he received from a judge in 2019 should have prevented his deportation to his native country due to fears of persecution.
ICE officials later admitted in court documents that his deportation was due to an "administrative error."
Abrego Garcia's deportation sparked a legal battle, during which a federal judge and the U.S. Supreme Court ordered the Trump administration to facilitate his return.
"Despite the Trump administration's relentless efforts to defy our Constitution, our legal system has worked its will and is upholding Kilmar Abrego Garcia's right to due process," Van Hollen said in a statement Friday.
"Mr. Abrego Garcia must continue to be allowed to defend himself in court, where the Trump administration must make its case before taking any further action against him," the senator added.
Abrego Garcia returns to U.S.
Abrego Garcia was brought back to the U.S. in early June and accused in a federal indictment of participating in a conspiracy to smuggle undocumented migrants into the U.S.
He pleaded not guilty to two counts of transporting migrants and has remained in custody in Tennessee.
Federal prosecutors requested that he remain detained as court proceedings played out, saying he "poses a danger to the community," and is a "flight risk."
A federal magistrate judge ordered that Abrego Garcia be released in June. However, his attorneys requested delays over fears that he would be immediately deported once released.
In late July, U.S. District Judge Paula Xinis ruled that federal immigration officials could not take Abrego Garcia into custody when he is released. She also ordered the Trump administration to provide 24 hours of notice if it plans to deport him to a country other than El Salvador.
