Kilmar Abrego, the migrant whose wrongful deportation in March to his native El Salvador made him a symbol of US President Donald Trump's aggressive immigration policies, was released from criminal custody in Tennessee on Friday, his lawyer said.
Abrego, 30, was deported to his native El Salvador in March despite a 2019 immigration court ruling that he not be sent there due to a risk of persecution by gangs. He was flown back to the US in June to face criminal charges of transporting migrants living illegally in the country.
His case drew attention as the Trump administration for months took no apparent steps to bring him back despite an official's acknowledgment that his deportation was an “administrative error” and a federal judge's order to facilitate his return.
Abrego has pleaded not guilty. His lawyers have urged Nashville-based US district judge Waverly Crenshaw to dismiss the charges, arguing prosecutors improperly targeted him in retaliation for filing a lawsuit challenging his wrongful deportation.
Crenshaw last month affirmed US magistrate Barbara Holmes' order for Abrego to be released from pretrial custody, finding he was not a danger to the community or a risk of flight.
However, Holmes delayed Abrego's release for a month at Abrego's lawyers' requests. The defence lawyers were concerned that Abrego, once released from criminal custody, could be detained by immigration officials and swiftly deported to a country other than El Salvador.
US district judge Paula Xinis in Greenbelt, Maryland, who is overseeing Abrego's civil lawsuit challenging the legality of his deportation, has since ordered that officials give his lawyers three days' notice before sending him to a third country, to give them the chance to challenge his removal.
Abrego had been living in Maryland with his wife, their child and two of her children before his deportation. His lawyers have said they hired private security to take him to Maryland, where he is due to report to a pretrial supervision officer and be subject to home detention with electronic monitoring.
He may not be free for long. Once in Maryland, immigration officials may take him into custody and initiate deportation proceedings. The administration has said it may seek to deport him to Mexico or South Sudan.
Homeland security secretary Kristi Noem said he was considered a criminal and an immigration violator, calling him a “monster” who was released by “activist liberal judges”.
She said on X: “We will not stop fighting until this Salvadoran man faces justice and is out of our country.”
Reuters
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