(Bloomberg) — Kilmar Armando Abrego Garcia will remain free at least until the end of the month after a federal judge sought more information on whether the U.S. plans to re-detain or deport him.
Judge Paula Xinis in Greenbelt, Md., asked the Justice Department for more details and set a schedule of Dec. 30. Abrego Garcia made his first appearance in court Monday morning in person but not in custody as he tries to remain free while he fights criminal charges and attempts to be deported.
“It’s clear the government is willing to do whatever it takes to return this man to the detention center,” Simon Sandoval-Moshenberg, a lawyer for Abrego Garcia, said after the hearing.
Abrego Garcia has become a key figure in the US immigration crackdown after he filed a high-profile lawsuit in March challenging his random deportation to a notorious El Salvador prison as part of a wider program of controversial mass deportations.
After returning to the U.S., Abrego Garcia was hit with people-smuggling charges that he said were in retaliation for filing a lawsuit. He now argues that US officials are threatening to deport him again as a reward for refusing to plead guilty quickly.
Xinis ordered Garcia’s release earlier this month, citing a lack of legal grounds for his detention. At Monday’s hearing, she extended the order until she can determine the government’s plans for the Salvadoran.
Lawyers for Abrega Garcia told the judge that after his release earlier this month, he was served with a supervision order that would normally indicate there was a final removal order against him. Ernesto Molina, the government’s attorney, told Xinis that there was no final removal order and that Abrego Garcia received the document by mistake.
“Again, I find that these statements, which are false, are in bad faith,” Xinis said, warning the government to “be careful what you write.”
Dozens of supporters sing songs with signs saying “Justice for Kilmar” and “Stop kidnapping my neighbours!” gathered outside the courthouse to greet Abrego Garcia as he arrived Monday afternoon amid heightened security.
Helen Kaiser, a volunteer with Bend The Arc: Jewish Action of Maryland, said Abrego Garcia’s detention was an injustice.
“We’re here to defend him,” Kaiser said. “We have to stand up in this case and similar cases across the country.”
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