The Maryland office of the Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today welcomed a federal judge’s recent decision to uphold constitutional due process in the case of Kilmar Abrego Garcia—a man who was previously deported in violation of court orders and held without charge. CAIR urged the government to abide by the ruling.
In a 51-page ruling issued Sunday, U.S. Magistrate Judge Barbara Holmes rejected the Justice Department’s attempt to keep Abrego Garcia detained prior to trial, citing the fundamental necessity of due process rights. Judge Holmes emphasized that even if immigration authorities continue to detain Abrego Garcia, she was obligated to ensure the defendant received the constitutional protections guaranteed to him. The government, however, has said he will “never go free.”
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“This decision is a powerful reminder that due process is not optional—it is the bedrock of our legal system,” said CAIR Maryland Director, Zainab Chaudry. “At a time when the government has repeatedly tried to sidestep the Constitution for political gain, Judge Holmes’ ruling is a vital stand for justice and the rule of law. The government must abide by this ruling.”
Abrego Garcia was previously deported to El Salvador in violation of a court order, held without charges, and only returned to the U.S. in June. The Justice Department then brought federal criminal charges against him for allegedly transporting undocumented immigrants—a charge he denies. His legal team continues to pursue sanctions against the government in a separate federal case related to his unlawful removal.
The government’s arguments for pretrial detention were criticized for lacking factual basis. A high-ranking Tennessee prosecutor reportedly resigned over concerns that the case was being politically motivated.
CAIR urges the courts to continue holding government actors accountable and to ensure that all individuals—regardless of status—are treated with fairness, dignity, and constitutional protections.
CAIR is America’s largest Muslim civil liberties and advocacy organization. Its mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.
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CONTACT: CAIR Maryland Director Zainab Chaudry, zchaudry@cair.com, 410-971-6062; CAIR Maryland Outreach Coordinator Kimberly Syuardi, ksyuardi@cair.com, 202-850-9293