Federal Judge Orders Immediate Release of Kilmar Abrego Garcia from Immigration Detention

A federal judge in Maryland has ordered the immediate release of Kilmar Abrego Garcia from immigration detention, stating that his continued detention lacks lawful authority. U.S. District Judge Paula Xinis ruled that Immigration and Customs Enforcement (ICE) must release Abrego Garcia immediately. In her order, Judge Xinis noted that since Abrego Garcia's return from wrongful detention in El Salvador, he has been re-detained without lawful authority.

Abrego Garcia, a Salvadoran national, has lived in Maryland with his American wife and child for several years. He originally entered the U.S. as a teenager without documentation. In 2019, an immigration judge ruled that he could not be deported to El Salvador due to threats from gangs targeting his family. Despite this ruling, he was deported to El Salvador in March 2025, an action that became a focal point for critics of the Trump administration's immigration policies.

After his deportation, Abrego Garcia was returned to the U.S. under court order. Since then, ICE has sought to deport him to various African countries. Abrego Garcia has filed a lawsuit alleging that the administration is using the deportation process to punish him for the attention his wrongful deportation garnered.

In addition to his immigration proceedings, Abrego Garcia faces criminal charges in Tennessee related to alleged human smuggling. He has pleaded not guilty and filed a motion to dismiss the charges, claiming the prosecution is vindictive. A judge has ordered an evidentiary hearing on the motion, citing statements by Trump administration officials that raise concerns about the prosecution's motives.

The Department of Homeland Security criticized Judge Xinis's ruling, with spokesperson Tricia McLaughlin stating, "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."