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Noem Torches Judge For Releasing Kilmar Abrego Garcia, But ICE Has A Plan

3 mins read
South Dakota Governor Kristi Noem
via Gage Skidmore

Homeland Security Secretary Kristi Noem described a liberal judge’s decision to release recently returned deportee Kilmar Abrego Garcia from jail a “new low,” but he may end up being exiled to a different foreign nation according to a new notice.

On Friday, a federal judge ordered the release of Abrego Garcia, a man authorities have long tied to MS-13, human trafficking, and violent crimes, sparking fresh battles over illegal immigration, crime, and national security.

Secretary Noem condemned the ruling, arguing that left-wing judges are undermining U.S. law enforcement by granting leniency to individuals considered major public threats.

“Activist liberal judges have attempted to obstruct our law enforcement every step of the way in removing the worst of the worst criminal illegal aliens from our country,” she said Friday.

She went on to call Judge Barbara Holmes “publicity hungry,” accusing her of letting go an “illegal alien who is a MS-13 gang member, human trafficker, serial domestic abuser, and child predator.”

According to Noem, this decision was reckless. “By ordering this monster loose on America’s streets, this judge has shown a complete disregard for the safety of the American people. We will not stop fighting till this Salvadoran man faces justice and is OUT of our country,” she added.

Abrego Garcia’s history with U.S. authorities stretches back years, marked by repeated deportation attempts, immigration battles, and ongoing criminal investigations.

Homeland Security has identified him as a “known MS-13 gang member” and a “public safety threat.” His presence in the country has fueled heated debates about the effectiveness of immigration enforcement and the risks posed when repeat offenders are allowed to remain inside U.S. borders.

The 40-year-old El Salvadoran native was originally deported to his home country earlier this year, but controversy quickly followed. Officials later admitted his removal was due to what they described as an “administrative error.”

Despite that, Abrego Garcia spent several months in a notoriously dangerous Salvadoran prison before making his way back to the U.S.

This is not the first time his deportation has been contested. Back in 2019, an immigration judge determined he could not be removed to El Salvador over concerns that rival gangs would target him. The Trump administration, however, insisted he was deported anyway.

Now, Abrego Garcia is not only back in the United States but has returned to Maryland, where he awaits trial on serious human trafficking charges linked to a 2022 traffic stop in Tennessee.

Prosecutors allege he was involved in a nationwide operation that moved weapons, drugs, and illegal migrants from Texas to multiple states.

The Justice Department has painted him as a central figure in a sprawling smuggling network with deep criminal ties.

Despite the charges, Abrego Garcia’s legal team insists he has been unfairly targeted. His attorneys argue that federal prosecutors are motivated not by the seriousness of the accusations, but by politics.

“Kilmar Abrego Garcia has been singled out by the United States government. It is obvious why. And it is not because of the seriousness of his alleged conduct. Nor is it because he poses some unique threat to this country,” his lawyers wrote in a filing earlier this week.

“Instead, Mr. Abrego was charged because he refused to acquiesce in the government’s violation of his due process rights.”

Judge Barbara Holmes, who ordered his release from a Tennessee jail on Friday, outlined strict conditions.

She noted that Abrego Garcia must comply with terms set by agencies such as Immigration and Customs Enforcement and Homeland Security.

She also made it clear that if he is detained again, he must consent to being returned to Tennessee to face court proceedings.

For Abrego Garcia, Friday’s ruling was a victory. In Spanish, he told supporters in a recording released by the activist group CASA that it was “a very special day because I have seen my family for the first time in more than 160 days.”

He added his gratitude, saying, “I’d like to thank all the people who have supported me because after this long time, I have witnessed that so many people have been by my side with such positivity.”

Yet the legal battles surrounding him are far from over. Hours after his release, his attorneys were informed that the Trump administration could again attempt deportation, this time not to El Salvador, but to Uganda.

A senior Homeland Security official confirmed that notice had been issued, outlining that removal could take place “no earlier than 72 hours from now,” excluding weekends.

This development came just days after Uganda agreed to a U.S. request to accept deportees from other countries, making it the newest “third country” partner in the administration’s deportation strategy.

The arrangement allows the U.S. to relocate individuals who cannot be safely or legally deported back to their nation of origin.

Judge Paula Xinis, who reviewed his case in Maryland last month, had already ruled that the government must provide at least 72 hours’ notice before initiating deportation.

However, she stopped short of blocking removal efforts altogether, stating immigration agents “may take whatever action is available to them under the law.”

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Clark Kelley

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