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Judge Paula Xinis found that the Trump administration redetained the Salvadoran father of three "without lawful authority."
A federal judge on Thursday ordered the immediate release of Kilmar Ábrego García—who was wrongfully deported to El Salvador by the Trump administration earlier this year—from US Immigration and Customs Enforcement custody.
"Since Ábrego García's return from wrongful detention in El Salvador, he has been redetained, again without lawful authority,” US District Judge Paula Xinis wrote in her ruling. “For this reason, the court will grant Ábrego García's petition for immediate release from ICE custody.”
In early April, Xinis—an appointee of former President Barack Obama—ordered the Trump administration to facilitate Ábrego García's return to the United States after he was deported in March to the abuse-plagued Terrorism Confinement Center (CECOT) maximum security prison in El Salvador. This, after the US Department of Justice (DOJ) admitted in a court filing that Ábrego García was wrongfully deported due to what it called an "administrative error."
The US Supreme Court also weighed in on the case in favor of Xinis' ruling. However, the Trump administration refused to comply with the judge's order, arguing that it had no legal obligation to return Ábrego García to the US and could not force El Salvador's government to free him.
The DOJ dubiously contended that Ábrego García—a 30-year-old Salvadoran father of three who entered the US without authorization when he was a teenager—was a member of the gang MS-13, an allegation based on a statement from an anonymous police informant. The Trump administration deported him despite a judge's 2019 ruling that he could not be removed to El Salvador because he could be tortured there.
An attorney representing Ábrego García said at the time that his client suffered beatings and "psychological torture" while imprisoned at CECOT.
Ábrego García was transferred to a lower security Salvadoran prison before being sent back to the US on June 6 to face DOJ charges for allegedly transporting undocumented immigrants, to which he pleaded not guilty. He was immediately taken into custody and sent to an immigration detention facility in Tennessee.
On July 23, federal Magistrate Judge Barbara Holmes in Tennessee ruled that Ábrego García must be released from custody pending his trial. That same day, Xinis issued a simultaneous ruling in Ábrego García's wrongful deportation case blocking ICE from immediately seizing him once released in Tennessee and ordering the government to provide at least 72 hours' notice before attempting to deport him to any third country.
As Ábrego García was released on August 22, the US Department of Homeland Security (DHS) informed him that he could be deported to Uganda—one of several nations to which the administration has sought to send him. A bid by Ábrego García to reopen a previous bid for asylum in the US was denied in early October by an immigration judge.
Ábrego García is currently being held in an immigration detention center in Pennsylvania. Responding to Xinis' latest ruling, DHS spokesperson Tricia McLaughlin said Thursday that "this is naked judicial activism by an Obama-appointed judge."
"This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts," she added.
Advocates for Ábrego García welcomed Thursday's ruling.
"For months, the Trump administration has sought to deny Kilmar Ábrego García his rights to due process and fair treatment by our justice system," US Sen. Chris Van Hollen (D-Md.)—who met with Ábrego García in El Salvador in April—said on social media.
"Today’s ruling by Judge Xinis—requiring the government to immediately release him—is a forceful stand for our Constitution and all of our rights," he added.
Lydia Walther-Rodríguez, chief of organizing and leadership at CASA, hailed what she called "a moment of joy and relief."
“Kilmar finally gets to return home to his family, where he belongs," she said. "No one should be separated from their loved ones while fighting for justice.”
A joint letter expresses "steadfast support for the people of El Salvador and their religious institutions and leaders who are struggling to maintain their country’s historic ban on metal mining... so all Salvadorans can enjoy their God-given right to clean water."
More than 150 faith-based organizations from 25 countries launched an open letter on Monday supporting an El Salvadoran ban on metals mining that was overturned by right-wing President Nayib Bukele in 2024.
The original ban was passed by the country’s legislature in 2017 following years of study and the advocacy of El Salvador’s religious communities. The letter signatories, which include 153 global and regional groups from a wide range of traditions, stood with faith groups in El Salvador in calling both for no new mining and for an end to the political persecution of land and water defenders.
"We, the undersigned, from a diversity of church structures (representing local, regional, and national expressions of churches and related agencies), express our steadfast support for the people of El Salvador and their religious institutions and leaders who are struggling to maintain their country’s historic ban on metal mining—in place from 2017 to 2024—so all Salvadorans can enjoy their God-given right to clean water," the letter begins. "We stand in solidarity with civic and religious leaders who are being persecuted and imprisoned for working against injustices, including the devastation that metals mining would cause their communities."
The faith leaders also released a video reading sections of the letter aloud.
“This letter is a hope-filled expression of solidarity and humanism."
“Through this declaration, faith communities from around the world have affirmed their solidarity with faith leaders in El Salvador as they carry out their duty to protect water as a sacred inherited trust, a human right meant to be shared by all,” Rev. Dr. Japhet Ndhlovu, executive minister for the Church in the Mission Unit of The United Church of Canada, said in a statement.
El Salvadorans already struggle to gain access to clean and plentiful water. The water of 90% of Salvadorans is contaminated, half of all Salvadorans have "intermittent access to water,” and one-half of those with water access report it is poor quality, said Gordon Whitman, managing director for international organizing at letter-signatory Faith in Action, at a Monday press briefing anouncing the letter.
"Restarting mining would be catastrophic," Whitman said.
The mining ban was already hard won.
A 2012 study commissioned by the government affirmed that mining would endanger the nation’s rivers and watersheds with cyanide, arsenic, and other toxins and found widespread public opposition to mining. Before the ban was passed in March of 2017, the archbishop of San Salvador mobilized support for it by leading a march to deliver a draft of the ban to the National Assembly. After it passed unanimously, he called it a "miracle," according to John Cavanagh, a senior adviser at the Institute for Policy Studies.
The law made El Salvador "the first nation on Earth to ban mining to save its rivers," Cavanagh said at the press briefing.
“The Salvadoran precautionary approach banning metal mining is essential to protect drinking water and aquatic ecosystems, given the irreparable damage that has been done by irresponsible mining around the world,” Willamette University professor emeritus Susan Lea Smith of the Ecumenical Water Network of the World Council of Churches said in a statement. “El Salvador had made a difficult but wise choice in banning metal mining. Clean water is a gift from God, and so, for the sake of clean water and the rest of Creation, we work together for the common good."
"It is a sin to render water undrinkable.”
However, in December 2024, Bukele's government passed a new law that allows mining once again without environmental oversight or community consultation.
“It’s a law that has become one of the main threats for the Salvadorans' right to clean water," Pedro Cabezas of International Allies Against Mining in El Salvador said in the press conference.
Cabezas also said the new law was a "symptom of what El Salvador has been going through over the last five years” as Bukele concentrates all power within the executive and his own party.
While the Salvadoran public and civil society groups remain opposed to mining—a December 2024 poll found that 3 in 5 are against the practice in the country—the Bukele government has ramped up its criminalization of dissent.
In this context, the Catholic, protestant, and evangelical churches in El Salvador are among the remaining institutions "with space to speak out" against mining, Christie Neufeldt of the United Church of Canada explained at the briefing.
For example, in March, Mons. José Luis Escobar Alas, the archbishop of San Salvador, presented an anti-mining petition signed by 150,000 people.
International faith groups wanted to stand in solidarity with their Salvadoran counterparts.
“This letter is a hope-filled expression of solidarity and humanism in the face of forces that would degrade” the Earth, human rights, and democracy, Neufeldt said.
Salvadoran faith groups "remind us that access to water is a fundamental human right and that clean water is not a commodity, but a shared inheritance entrusted to all people by God. And they remind us that ending the mining ban is fueling egregious rights violations against those organizing to protect their water and land from destruction," the letter says.
Whitman spoke about the importance of water to several religious traditions.
“All of our faith traditions teach that water is a sacred gift of God,” Whitman said, adding, "It is a sin to render water undrinkable.”
In the press briefing, speakers acknowledged the link between rising authoritarianism and environmental deregulation, in El Salvador and beyond.
Cavanagh noted that, as the energy transition increases demand for rare earth minerals and global instability makes gold more attractive, "oligarchs linked to extractivism" have begun "pumping money into elections” to boost candidates who will allow them to exploit resources.
“It’s not at all surprising that the opposition to mining comes from the people, and so it’s absolutely natural that the oligarchs, that the transnational corporations are going to want to crack down on public dissent," Smith said, adding there was an "intimate connection between authoritarianism and any extractive industry, including mining."
In the end, however, the letter signatories expressed faith for a greener, freer future.
"We pray for the Salvadoran people and their government, that they protect the sacred gift of creation, uphold human rights, and ensure every family clean water—now and for generations to come," they concluded.
"The US government has not been linked to acts of systematic torture on this scale since Abu Ghraib."
"You have arrived in hell."
That's what the director of El Salvador's Terrorism Confinement Center (CECOT) told 26-year-old Gonzalo Y., one of the 252 Venezuelans deported by US President Donald Trump to the infamous prison in March and April, according to a report released Wednesday.
The report was compiled by US-based Human Rights Watch (HRW) and Cristosal, a regional group that fled El Salvador in July, citing harassment and legal threats from President Nayib Bukele's government. They used the CECOT director's comment to Gonzalo as a title.
"When we arrived at the entrance of CECOT, guards made us kneel so they could shave our heads... One of the officers hit me on the legs with a baton, and I fell to the ground on my knees," Gonzalo said. "The guards beat me many times, in the hallways of the prison module and in the punishment cell... They beat us almost every day."
NEW: The Venezuelan nationals the US government sent to El Salvador in March and April were tortured and subjected to other abuses, including sexual violence.In a new report, HRW and @cristosal.bsky.social provide a comprehensive account of the treatment of these people in El Salvador.
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— Human Rights Watch (@hrw.org) November 12, 2025 at 10:18 AM
Gonzalo is among 40 detainees interviewed for the report. The groups also spoke with 150 individuals with credible knowledge of the conditions, such as lawyers and relatives; consulted international forensic experts; and reviewed "a wide range" of materials, including criminal records, judicial documents in El Salvador and the United States, and photographs of injuries.
While the US and Salvadoran governments claimed that most of the migrants sent to CECOT were part of the Venezuelan gang Tren de Aragua, HRW and Cristosal found that "many of them had not been convicted of any crimes by federal or state authorities in the United States, nor in Venezuela or other Latin America countries where they had lived."
Up until they were sent to Venezuela as part of a prisoner exchange on July 18, the report states, "the people held in CECOT were subjected to inhumane prison conditions, including prolonged incommunicado detention, inadequate food, denial of basic hygiene and sanitation, limited access to healthcare and medicine, and lack of recreational or educational activities, in violation of several provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the 'Mandela Rules.'"
"We also documented that detainees were subjected to constant beatings and other forms of ill-treatment, including some cases of sexual violence," the publication continues. "Many of these abuses constitute torture under international human rights law."
According to the 81-page report:
Daniel B., for instance, described how officers beat him after he spoke with [ International Committee of the Red Cross] staff members during their visit to CECOT in May. He said guards took him to "the Island," where they beat him with a baton. He said a blow made his nose bleed. "They kept hitting me, in the stomach, and when I tried to breathe, I started to choke on the blood. My cellmates shouted for help, saying they were killing us, but the officers said they just wanted to make us suffer," he said.
Three people held in CECOT told Human Rights Watch and Cristosal that they were subjected to sexual violence. One of them said that guards took him to "the Island," where they beat him. He said four guards sexually abused him and forced him to perform oral sex on one of them. "They played with their batons on my body." People held in CECOT said sexual abuse affected more people, but victims were unlikely to speak about what they had suffered due to stigma.
In a Wednesday statement, Cristosal executive director Noah Bullock drew a comparison to the early stages of the George W. Bush administration's invasion of Iraq.
"The US government has not been linked to acts of systematic torture on this scale since Abu Ghraib and the network of clandestine prisons during the War on Terror," he said. "Disappearing people into the hands of a government that tortures them runs against the very principles that historically made the United States a nation of laws."
Although many migrants have been freed from El Salvador's CECOT, "they continue to suffer lasting physical injuries and psychological trauma," the report notes. They also face risks in Venezuela, which "suffers a humanitarian crisis and systematic human rights violations carried out by the administration of Nicolás Maduro."
"Their repatriation to Venezuela violates the principle of nonrefoulement," the document explains. "Additionally, in some cases, members of the Venezuelan intelligence services have appeared at the homes of people who were held in CECOT and forced them to record videos regarding their treatment in the United States."
The CECOT renditions were crimes under both domestic and international law. and some people remain disappeared. www.hrw.org/report/2025/...
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— KatherineHawkins (@krhawkins.bsky.social) November 12, 2025 at 12:55 PM
The report notably comes as Trump has spent recent months blowing up small boats from Venezuela under the guise of combating drug trafficking—which experts across the globe have condemned as blatantly illegal—and as the White House stokes fears of strikes within the country aimed at forcing regime change.
Stressing that "officials cannot summarily kill people they accuse of smuggling drugs," HRW Washington director Sarah Yager has called on the US military to "immediately halt any plans for future unlawful strikes" on boats in the Caribbean and Congress to "open a prompt and transparent investigation."
With the release of the new report, HRW and Cristosal also issued fresh demands, including an end to the United States' transfer of third-country nationals to El Salvador and for other nations and international bodies, including the United Nations Human Rights Council, to increase scrutiny of the Trump and Bukele governments' human rights violations.
"The Trump administration paid El Salvador millions of dollars to arbitrarily detain Venezuelans who were then abused by Salvadoran security forces on a near-daily basis," said HRW Americas director Juanita Goebertus. "The Trump administration is complicit in torture, enforced disappearance, and other grave violations, and should stop sending people to El Salvador or any other country where they face a risk of torture."