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What to know about Kilmar Abrego Garcia’s release from immigration custody
BALTIMORE — Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, was released from immigration detention on Thursday, and a judge has temporarily blocked any further efforts to detain him.
Abrego Garcia currently can’t be deported to his home country of El Salvador thanks to a 2019 immigration court order that found he had a “well founded fear” of danger there. However, the Trump administration has said he cannot stay in the U.S. Over the past few months, government officials have said they would deport him to Uganda, Eswatini, Ghana and, most recently, Liberia.
Abrego Garcia is fighting his deportation in federal court in Maryland, where his attorneys claim the administration is manipulating the immigration system to punish him for successfully challenging his earlier deportation.
Here’s what to know about the latest developments in the case:
Abrego Garcia is a Salvadoran citizen with an American wife and child who has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager to join his brother, who had become a U.S. citizen. In 2019, an immigration judge granted him protection from being deported back to his home country.
While he was allowed to live and work in the U.S. under Immigration and Customs Enforcement supervision, he was not given residency status. Earlier this year, he was mistakenly deported to El Salvador, despite the earlier court ruling.
When Abrego Garcia was deported in March, he was held in a notoriously brutal Salvadoran prison despite having no criminal record.
The Trump administration initially fought efforts to bring him back to the U.S. but eventually complied after the U.S. Supreme Court weighed in. He returned to the U.S. in June, only to face an arrest warrant on human smuggling charges in Tennessee. Abrego Garcia was held in a Tennessee jail for more than two months before he was released on Friday, Aug. 22, to await trial in Maryland under home detention.
His freedom lasted a weekend. On the following Monday, he reported to the Baltimore immigration office for a check-in and was immediately taken into immigration custody. Officials announced plans to deport him to a series of African countries, but they were blocked by an order from U.S. District Judge Paula Xinis in Maryland.
On Thursday, after months of legal filings and hearings, Xinis ruled that Abrego Garcia should be released immediately. Her ruling hinged on what was likely a procedural error by the immigration judge who heard his case in 2019.
Normally, in a case like this, an immigration judge will first issue an order of removal. Then the judge will essentially freeze that order by issuing a “withholding of removal” order, according to Memphis immigration attorney Andrew Rankin.
In Abrego Garcia’s case, the judge granted withholding of removal to El Salvador because he found Abrego Garcia’s life could be in danger there. However, the judge never took the first step of issuing the order of removal. The government argued in Xinis’ court that the order of removal could be inferred, but the judge disagreed.
Without a final order of removal, Abrego Garcia can’t be deported, Xinis ruled.
The only way to get an order of removal is to go back to immigration court and ask for one, Rankin said. But reopening the immigration case is a gamble because Abrego Garcia’s attorneys would likely seek protection from deportation in the form of asylum or some other type of relief.
One wrinkle is that immigration courts are officially part of the executive branch, and the judges there are not generally viewed as being as independent as federal judges.
“There might be independence in some areas, but if the administration wants a certain result, by all accounts it seems they’re going to exert the pressure on the individuals to get that result,” Rankin said. “I hope he gets a fair shake, and two lawyers make arguments — somebody wins, somebody loses — instead of giving it to an immigration judge with a 95% denial rate, where everybody in the world knows how it’s gonna go down.”
Alternatively, the government could appeal Xinis’ order to the 4th U.S. Circuit Court of Appeals and try to get her ruling overturned, Rankin said. If the appeals court agreed with the government that the final order of removal was implied, there could be no need to reopen the immigration case.
In compliance with Xinis’ order, Abrego Garcia was released from immigration detention in Pennsylvania on Thursday evening and allowed to return home for the first time in months. However, he was also told to report to an immigration officer in Baltimore early the next morning.
Fearing that he would be detained again, his attorneys asked Xinis for a temporary restraining order. Xinis filed that order early Friday morning. It prohibits immigration officials from taking Abrego Garcia back into custody, at least for the time being. A hearing on the issue could happen as early as next week.
Meanwhile, in Tennessee, Abrego Garcia has pleaded not guilty in the criminal case where he is charged with human smuggling and conspiracy to commit human smuggling.
Prosecutors claim he accepted money to transport, within the United States, people who were in the country illegally. The charges stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning.
Abrego Garcia has asked U.S. District Court Judge Waverly Crenshaw to dismiss the smuggling charges on the grounds of “selective or vindictive prosecution.”
Crenshaw earlier found “some evidence that the prosecution against him may be vindictive” and said many statements by Trump administration officials “raise cause for concern.” Crenshaw specifically cited a statement by Deputy Attorney General Todd Blanche on a Fox News Channel program that seemed to suggest the Justice Department charged Abrego Garcia because he won his wrongful-deportation case.
The two sides have been sparring over whether senior Justice Department officials, including Blanche, can be required to testify in the case.
Former president Bill Clinton is scheduled to give deposition Friday to a congressional committee investigating his links to Jeffrey Epstein, one day after Hillary Clinton testified before the committee and called the proceedings “partisan political theatre” and “an insult to the American people”.
During remarks before the House oversight committee, Hillary Clinton, the former secretary of state, insisted on Thursday that she had never met Epstein.
The former Democratic president, however, flew on Epstein’s private jet several times in the early 2000s but said he never visited his island.
Clinton, who engaged in an extramarital affair while president and has been accused of sexual misconduct by three women, also appears in a photo from the recently released files, in a hot tub with Epstein and a woman whose identity is redacted.
Clinton has denied the sexual misconduct claims and was not charged with any crimes. He also has not been accused of any wrongdoing connected to Epstein.
Epstein visited the White House at least 17 times during the early years of Clinton’s presidency, according to White House visitor records cited in news reports. Clinton said he cut ties with him around 2005, before the disgraced financier, who died from suicide in 2019, pleaded guilty to solicitation of a minor in Florida.
The House committee subpoenaed the Clintons in August. They initially refused to testify but agreed after Republicans threatened to hold them in contempt.
The Clintons asked for their depositions to be held publicly, with the former president stating that to do so behind closed doors would amount to a “kangaroo court”.
“Let’s stop the games + do this the right way: in a public hearing,” Clinton said on X earlier this month.
The committee’s chair, James Comer, did not grant their request, and the proceedings will be conducted behind closed doors with video to be released later.
On Thursday, Hillary Clinton’s proceedings were briefly halted after representative Lauren Boebert leaked an image of Clinton testifying.
During the full day deposition, Clinton said she had no information about Epstein and did not recall ever meeting him.
Before the deposition, Comer said it would be a long interview and that one with Bill Clinton would be “even longer”.
CASE 0:26-cv-00107-PJS-DLM
Doc. 12-1 Filed 02/26/26
Page 5 of 17
and to file a status update by 11:00 am on January 20. ECF No. 5. Respondents never provided a bond hearing and did not release Petitioner until January 21, ECF Nos. 10, 12, after failing to file an update, ECF No. 9. Further, Respondents released Petitioner subject to conditions despite the Court’s release order not providing for conditions. ECF Nos. 5, 12–13.
Abdi W. v. Trump, et al., Case No. 26-CV-00208 (KMM/SGE)
On January 21, 2026, the Court ordered Respondents, within 3 days, to either (a) complete Petitioner’s inspection and examination and file a notice confirming completion, or (b) release Petitioner immediately in Minnesota and confirm the date, time, and location of release. ECF No. 7. No notice was ever filed. The Court emailed counsel on January 27, 2026, at 10:39 am. No response was provided.
Adriana M.Y.M. v. David Easterwood, et al., Case No. 26-CV-213 (JWB/JFD)
On January 24, 2026, the Court ordered immediate release in Minnesota and ordered Respondents to confirm the time, date, and location of release, or anticipated release, within 48 hours. ECF No. 12. Respondent was not released until January 30, and Respondents never disclosed the time of release, instead describing it as “early this morning.” ECF No. 16.
Estefany J.S. v. Bondi, Case No. 26-CV-216 (JWB/SGE)
On January 13, 2026, at 10:59 am, the Court ordered Respondents to file a letter by 4:00 pm confirming Petitioner’s current location. ECF No. 8. After receiving no response, the Court ordered Respondents, at 5:11 pm, to immediately confirm Petitioner’s location and, by noon on January 14, file a memorandum explaining their failure to comply with the initial order. ECF No. 9. Respondents did not file the memorandum, requiring the Court to issue another order. ECF No. 12. On January 15, the Court ordered immediate release in Minnesota and required Respondents to confirm the time, date, and location of release within 48 hours. ECF No. 18. On January 20, having received no confirmation, the Court ordered Respondents to comply immediately. ECF No. 21. Respondents informed the Court that Petitioner was released in Minnesota on January 17, but did not specify the time. ECF No. 22.
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James Hickman holds a photo montage of the late Rev. Jesse Jackson before a public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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CHICAGO — A line of mourners streamed through a Chicago auditorium Thursday to pay final respects to the Rev. Jesse Jackson Sr. as cross-country memorial services began in the city the late civil rights leader called home.
The protege of the Rev. Martin Luther King Jr. and two-time presidential candidate will lie in repose for two days at the headquarters of the Rainbow PUSH Coalition before events in Washington, D.C., and South Carolina, where he was born.
Family members wiped away tears as the casket was brought into the stately brick building. Flowers lined the sidewalks where people waiting to enter watched a large screen playing video excerpts of Jackson’s notable speeches. Some raised their fists in solidarity.
The casket with the Rev. Jesse Jackson arrives before a public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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Inside, Jackson’s children, Chicago Mayor Brandon Johnson and the Rev. Al Sharpton were among those who stood by the open casket to shake hands and hug those coming to view the body of Jackson, dressed in a suit and blue shirt and tie.
“The challenge for us is that we’ve got to make sure that all he lived for was not in vain,” Sharpton told reporters. “Dr. King’s dream and Jesse Jackson’s mission now falls on our shoulders. We’ve got to stand up and keep it going.”
The Rev. Al Sharpton speaks as Jesse Jackson Jr. listens after the public visitation for the Rev. Jesse Jackson at Rainbow/PUSH Coalition in Chicago on Thursday.
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Jackson died last week at age 84 after battling a rare neurological disorder that affected his mobility and ability to speak in his later years.
Remembrances have already poured in from around the globe, and several U.S. states, including Minnesota, Iowa and North Carolina, are flying flags at half-staff in his honor.
But perhaps nowhere has his death been felt as strongly as in the nation’s third-largest city, where Jackson lived for decades and raised his six children, including a son who is a congressman.
Bouquets have been left outside the family’s Tudor-style home on the city’s South Side for days. Public schools have offered condolences, and city trains have used digital screens to display Jackson’s portrait and his well-known mantra, “I am Somebody!”
People wait to enter the security checkpoint for the public visitation for the Rev. Jesse Jackson at Rainbow/PUSH Coalition in Chicago on Thursday.
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His causes, both in the United States and abroad, were countless: Advocating for the poor and underrepresented on issues including voting rights, job opportunities, education and health care. He scored diplomatic victories with world leaders, and through his Rainbow PUSH Coalition, he channeled cries for Black pride and self-determination into corporate boardrooms, pressuring executives to make America a more open and equitable society.
“We honor him, and his hard-earned legacy as a freedom fighter, philosopher, and faithful shepherd of his family and community here in Chicago,” the mayor said in a statement.
Next week, Jackson will lie in honor at the South Carolina Statehouse, followed by public services. According to Rainbow PUSH’s agenda, Gov. Henry McMaster is expected to deliver remarks; however, the governor’s office said Thursday that his participation wasn’t yet confirmed. Jackson spent his childhood and started his activism in South Carolina.
Details on services in Washington have not yet been made public. However, he will not lie in honor at the United States Capitol rotunda after a request for the commemoration was denied by the House Speaker Mike Johnson’s office.
The two weeks of events will wrap up next week with a large celebration of life gathering at a Chicago megachurch and finally, homegoing services at the headquarters of the Rainbow PUSH Coalition.
Family members said the services will be open to all.
“Our family is overwhelmed and overjoyed by the amazing amount of support being offered by common, ordinary people who our father’s life has come into contact with,” his eldest son, Jesse Jackson Jr., said before the services began. “This is a unique opportunity to lay down some of the political rhetoric and to lay down some of the division that deeply divides our country and to reflect upon a man who brought people together.”
The family of the Rev. Jesse Jackson arrives as Yusep Jackson wipes his eyes before public visitation at Rainbow/PUSH Coalition in Chicago on Thursday.
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The services included prayers from some of the city’s most well-known religious leaders, including Chicago Cardinal Blase Cupich. Mourners of all ages — from toddlers in strollers to elderly people in wheelchairs — came to pay respects.
Video clips of his appearances at news conferences, the campaign trail and even “Sesame Street” also played inside the auditorium.
Claudette Redic, a retiree who lives in Chicago, said her family has respected Jackson, from backing his presidential ambitions to her son getting a scholarship from a program Jackson championed.
“We have generations of support,” she said. “I’m hoping we continue.”
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