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What to know about Kilmar Abrego Garcia’s release from immigration custody

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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.

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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.

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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.

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“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.

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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.

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US planning to seize Iran-linked ships in coming days, WSJ says | The Jerusalem Post

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US planning to seize Iran-linked ships in coming days, WSJ says | The Jerusalem Post

The US is planning to board and seize Iran-linked oil tankers and commercial ships in the coming days, according to a Saturday report by The Wall Street Journal.

The report noted that these actions would take place in international waters, potentially outside of the Middle East.

The US “will actively pursue any Iranian-flagged vessel or any vessel attempting to provide material support to Iran,” US Chairman of the Joint Chiefs of Staff Gen. Dan Caine said. “This includes dark fleet vessels carrying Iranian oil.”

“As most of you know, dark fleet vessels are those illicit or illegal ships evading international regulations, sanctions, or insurance requirements,” Caine continued.

Caine was further quoted as saying that the new campaign, which would be operated in part by the US Indo-Pacific Command, would be part of a broader US President Donald Trump-led campaign against Iran, known as “Economic Fury.”

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 White House spokeswoman Anna Kelly told the WSJ that Trump was “optimistic” that the new measures would lead to a peace deal.

The potential US military action comes as Iran tightens its grip on the Strait of Hormuz, including attacking several ships earlier on Saturday, the WSJ reported.

The report cited CENTCOM as saying that the US has already turned back 23 ships trying to leave Iranian ports since the start of its blockade on the Strait.

The expansion of naval action beyond the Middle East will provide the US with further leverage against Iran by allowing it to take control of a greater number of ships loaded with oil or weapons bound for Iran, the report noted.

“It’s a maximalist approach,” said associate professor of law at Emory University Law School Mark Nevitt. “If you want to put the screws down on Iran, you want to use every single legal authority you have to do that.”

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Iran claimed earlier on Saturday that it had regained military control over the Strait, intending to hold it until the US guarantees full freedom of movement for ships traveling to and from Iran.

“As long as the United States does not ensure full freedom of navigation for vessels traveling to and from Iran, the situation in the Strait of Hormuz will remain tightly controlled,” the Iranian military stated.

In addition, Iranian Supreme Leader Mojtaba Khamenei declared on Saturday in an apparent message on his Telegram channel that the Iranian navy is prepared to inflict “new bitter defeats” on its enemies.

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Video: The Origins of the Supreme Court’s Shadow Docket

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Video: The Origins of the Supreme Court’s Shadow Docket

new video loaded: The Origins of the Supreme Court’s Shadow Docket

Secret memos obtained by The New York Times illuminate the origins of the Supreme Court’s shadow docket. Our reporter Jodi Kantor explains what these documents reveal about the court.

By Jodi Kantor, Alexandra Ostasiewicz, June Kim and Luke Piotrowski

April 18, 2026

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What’s it like to negotiate with Iran? We asked people who have done it

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What’s it like to negotiate with Iran? We asked people who have done it

A Pakistani Ranger walks past a billboard for the U.S.-Iran peace talks in Islamabad on April 12, 2026. The talks, led by Vice President JD Vance, produced no concrete movement toward a peace deal.

Farooq Naeem/AFP via Getty Images


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Farooq Naeem/AFP via Getty Images

Despite stalled talks with Iran and a fragile ceasefire nearing its end, President Trump expressed optimism this week that a permanent deal is within reach — one that may include Iran relinquishing its enriched uranium. However, experts who spent months negotiating a nuclear agreement during the Obama administration say mutual mistrust, starkly different negotiating styles make a quick truce unlikely.

Referring to Vice President Vance’s whirlwind negotiations in Islamabad last week that appear to have produced little beyond dashed expectations, Wendy Sherman, the lead U.S. negotiator on the Joint Comprehensive Plan of Action (JCPOA) nuclear deal finalized in 2015, says the administration’s approach was all wrong.

“You cannot do a negotiation with Iran in one day,” she told NPR’s Here & Now earlier this week. “You can’t even do it in a week.” To get agreement on the JCPOA, she said, it took “a good 18 months.”

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The talks leading to that deal highlighted Iran’s meticulous style of negotiation, says Rob Malley, who was also part of the JCPOA negotiating team and later served as a special envoy to Iran under President Joe Biden.

Summing up the two sides’ differing styles, Malley said: “Trump is impulsive and temperamental; Iran’s leadership [is] stubborn and tenacious.”

U.S. Secretary of State John Kerry speaks during a news conference on the Iran nuclear talks deal at the Austria International Centre in Vienna, Austria on July 14, 2015.

U.S. Secretary of State John Kerry speaks during a news conference on the Iran nuclear talks deal at the Austria International Centre in Vienna, Austria on July 14, 2015.

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In 2015, patience led to a deal

The talks in 2015, led by Secretary of State John Kerry and Iran’s Foreign Minister Mohammad Javad Zarif, culminated with a marathon 19-day session in Vienna to finish the deal, says Jon Finer, a former U.S. deputy national security adviser in the Biden administration. Finer was involved in the negotiations as Kerry’s chief of staff. He said his boss’s patience “was a huge asset” in getting the deal to the finish line, he said.

Mohammad Javad Zarif, Iran's foreign minister during the negotiations for the Obama-era nuclear deal, speaks on April 22, 2016 in New York.

Mohammad Javad Zarif, Iran’s foreign minister during the negotiations for the Obama-era nuclear deal, speaks on April 22, 2016 in New York.

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“He would endure lectures … ‘let me tell you about 5,000 years of Iranian civilization’… and just keep plowing ahead,” Finer said, adding that a tactic of Iranian negotiators seemed to be “to say no to everything and see what actually matters” to the U.S.

“They’re just maddeningly difficult,” he said. “You need to go back at the same issue 10 or 12 times over weeks or months to make any progress.”

Even so, Finer called the Iranian negotiators “extremely capable” — noting that, unlike the U.S., they often lacked expert advisers “just outside the room,” yet still mastered the details of nuclear weapons, nuclear materials and U.S. sanctions.

“They were also negotiating not in their first language,” Finer added. “The documents were all negotiated in English, and they were hundreds of pages long with detailed annexes.”

Vance’s trip to Islamabad suggests that the U.S. doesn’t have the patience for a negotiation to end the conflict that could be at least as complex and time-consuming. “The Trump administration came in with maximalist demands and actually just wanted Iran to capitulate,” Sherman, who served as deputy secretary of state during the Biden administration, told Here & Now. “No nation – even one as odious as the Iran regime – is going to capitulate.”

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Distrust but verify

Iran was attacked twice in the past year. First in June of last year, as nuclear negotiations were ongoing, Israel and the U.S. struck the country’s nuclear facilities. Months later, at the end of February, Iran was attacked again at the start of the latest conflict. This time around, “the level of trust is probably almost at an all-time low,” Malley said.

“It’s hard for them to take at their word what they’re hearing from U.S. officials,” Malley said. The Iranians, he said, have to be wondering how long any commitment will last and “will be very hesitant to give up something that’s tangible” – such as their enriched uranium – in exchange for anything that isn’t ironclad or subject to suddenly be discarded by Trump or some future president.

“Once they give up their stockpile … they can’t recapture it the next day,” Malley said.

Even during the 2013-2015 nuclear deal talks, the decades of mistrust between Tehran and Washington were impossible to ignore, Finer said. “Our theory was not trust but verify — it was distrust but verify,” he said, adding: “I think that was their theory too.”

Malley cautions about relying on the JCPOA as a guide to how peace talks to end the current war might go. The leadership in Tehran that agreed to the deal is now gone — killed in Israeli airstrikes, he says. The regime’s military capabilities are also greatly diminished and “whatever lessons were learned in the past … have to be viewed with a lot of caution, because so much has changed,” he said.

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Negotiations have a leveling effect

Mark Freeman, executive director of the Institute for Integrated Transitions, a peace and security think tank based in Spain that advises on conflict negotiations, says several factors shape the U.S.-Iran relationship. Going into talks, one side always has the upper hand, he says, but negotiations have a leveling effect. “The weaker party gains just by virtue of entering into a negotiation process,” he said.

Each side is looking for leverage, he adds.

In Iran’s case, it has used its closure of the Strait of Hormuz to exert such leverage, while the White House has shown an eagerness to resolve the conflict quickly. “If one side perceives the other needs an agreement more … that shapes the entire negotiation,” he said.

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