(NewsNation) — Kilmar Abrego Garcia has been released from a Tennessee jail and was being escorted to his home in Maryland on Friday.
He may be detained upon arrival as Immigration and Customs Enforcement continues to seek his detention.
“Today, Kilmar Abrego Garcia is free. He is presently en route to his family in Maryland, after being unlawfully arrested and deported, and then imprisoned, all because of the government’s vindictive attack on a man who had the courage to fight back against the Administration’s continuing assault on the rule of law. He is grateful that his access to American courts has provided meaningful due process,” said attorney Sean Hecker.
Abrego Garcia was deported from the U.S. to El Salvador in March, a violation of a court order preventing him from being returned to his home country.
The Trump administration resisted initial legal orders to bring him back to the U.S., but he was eventually returned and is now facing federal charges for human smuggling.
Federal authorities have claimed that Abrego Garcia is part of the MS-13 gang, but the courts have found there is insufficient evidence to tie him to the gang and that he is not a danger to the community or flight risk.
Another judge previously ruled that ICE cannot begin deportation procedures against Abrego Garcia without at least 72 hours’ notice to allow him the opportunity to seek due process and argue his case in front of a judge.
Despite that ruling, ICE officials have stated they plan to arrest Abrego Garcia as soon as possible and begin proceedings to have him deported to a third country.