immigration case

NASHVILLE, Tenn. — Kilmar Abrego Garcia was released from jail in Tennessee on Friday so he can rejoin his family in Maryland while awaiting trial on human smuggling charges.

The Salvadoran national’s case became a flashpoint in President Trump’s immigration agenda after he was mistakenly deported in March. Facing a court order, the Trump administration brought him back to the U.S. in June, only to detain him on criminal charges.

Although Abrego Garcia was deemed eligible for pretrial release, he had remained in jail at the request of his attorneys, who feared the Republican administration could try to immediately deport him again if he were freed. Those fears were somewhat allayed by a recent ruling in a separate case, which requires immigration officials to allow Abrego Garcia time to mount a challenge to any deportation order.

On Friday, after two months, Abrego Garcia walked out of the Putnam County jail wearing a short-sleeved white button-down shirt and black pants and accompanied by defense attorney Rascoe Dean and two other men. They did not speak to reporters but got into a white SUV and sped off.

The release order from the court requires Abrego Garcia to travel directly to Maryland, where he will be in home detention with his brother designated as his third-party custodian. He is required to submit to electronic monitoring and can only leave the home for work, religious services and other approved activities.

An attorney for Abrego Garcia in his immigration case in Maryland, Simon Sandoval-Moshenberg, said in a statement Friday his client had been “reunited with his loving family” for the first time since he was wrongfully deported to a notorious El Salvador prison in March.

“While his release brings some relief, we all know that he is far from safe,” Sandoval-Moshenberg said. “ICE detention or deportation to an unknown third country still threaten to tear his family apart. A measure of justice has been done, but the government must stop pursuing actions that would once again separate this family.”

Earlier this week, Abrego Garcia’s criminal attorneys filed a motion asking the judge to dismiss the criminal case, claiming he is being prosecuted to punish him for challenging his removal to El Salvador.

Abrego Garcia has pleaded not guilty to the smuggling charges, which 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 allowed to continue driving with only a warning.

A Department of Homeland Security agent testified he did not begin investigating the traffic stop until this April, when the government was facing mounting pressure to return Abrego Garcia to the U.S.

Abrego Garcia has an American wife and children and has lived in Maryland for years, but he immigrated to the U.S. illegally. In 2019, an immigration judge denied his application for asylum but granted him protection from being deported back to El Salvador, where he faces a “well-founded fear” of violence, according to court filings. He was required to check in yearly with Immigration and Customs Enforcement while Homeland Security issued him a work permit.

Although Abrego Garcia can’t be deported to El Salvador without violating the judge’s order, Homeland Security officials have said they plan to deport him to an unnamed third country.

Loller and Hall write for the Associated Press.

CHICAGO — Federal immigration judges fired by the Trump administration are filing appeals, pursuing legal action and speaking out in an unusually public campaign to fight back.

More than 50 immigration judges — from senior leaders to new appointees — have been fired since President Trump assumed office in January. Normally bound by courtroom decorum, many are now unrestrained in describing terminations they consider unlawful and why they believe they were targeted.

The reasons, they believe, include gender discrimination, decisions on immigration cases played up by the Trump administration, and a courthouse tour with the Senate’s No. 2 Democrat.

“I cared about my job and was really good at it,” Jennifer Peyton, a former supervising judge, told the Associated Press last week. “That letter that I received, the three sentences, explained no reason why I was fired.”

Peyton, who received the notice while on a Fourth of July family vacation, was appointed judge in 2016. She considered it her dream job. Peyton was later named assistant chief immigration judge in Chicago, helping to train, mentor and oversee judges. She was a visible presence in the busy downtown court, greeting outside observers.

She cited top-notch performance reviews and said she faced no disciplinary action. Peyton said she’ll appeal through the Merit Systems Protection Board, an independent government agency Trump has also targeted.

Peyton’s theories about why she was fired include appearing on a “bureaucrat watchdog list” of people accused by a right-wing organization of working against the Trump agenda. She also wonders about a courthouse tour she gave Sen. Dick Durbin (D-Ill.), the minority whip, in June.

Durbin blasted Peyton’s termination as an “abuse of power,” saying he’s visited before as part of his duties as a publicly elected official.

The nation’s immigration courts — with a backlog of about 3.5 million cases — have become a key focus of Trump’s anti-immigration crackdown. The firings are on top of resignations, early retirements and transfers, adding up to 106 judges gone since January, according to the International Federation of Professional and Technical Engineers, which represents judges. There are currently about 600 immigration judges.

Several of those fired, including Peyton, have recently done a slew of interviews on local Chicago television stations and with national outlets, saying they now have a platform for their colleagues who remain on the bench.

“The ones that are left are feeling threatened and very uncertain about their future,” said Matt Biggs, the union’s president.

Carla Espinoza, a Chicago immigration judge since 2023, was fired as she was delivering a verdict this month. Her notice said she’d be dismissed at the end of her two-year probationary period with the Executive Office for Immigration Review.

“I am personally committed to my career. We’re not political appointees,” she told AP. “I’m entitled to a reason.”

She believes the firings have disproportionately affected women and ethnic minorities, including people with Latino-sounding surnames like hers. She plans to take legal action before the Equal Employment Opportunity Commission, which has also shifted focus under Trump.

“There’s a very strong pattern of discriminatory factors,” she said.

Espinoza thinks another reason could be her decision to release a Mexican immigrant falsely accused of threatening to assassinate Trump. Ramón Morales Reyes was accused by Homeland Security Secretary Kristi Noem of writing a threatening letter. But the claims fell apart as Wisconsin authorities determined that Morales Reyes was framed by a man who had previously attacked him.

Espinoza said she felt pressure given the public scrutiny, media coverage and Noem’s statements about Morales Reyes, which weren’t corrected or removed from social media.

“It’s hard to silence the noise and just do your job fairly when there’s so much distraction,” she said. “I think I did. And I stand by my decision as having been a fair one to release an individual who I believe was twice victimized.”

The Executive Office for Immigration Review, part of the Justice Department that oversees the immigration courts, declined to comment on the firings through an agency spokesperson.

Peyton said she isn’t sure that working as an immigration judge is still her dream job.

“It’s important that everyone in our country knows what’s happening in our immigration courts,” she said. “The Department of Justice that I joined in 2016 is not the same one now.”

Tareen writes for the Associated Press.