Federal Judge Orders Release of Kilmar Abrego Garcia from Immigration Detention

Kilmar Abrego Garcia, a Salvadoran national residing in Maryland, has been released from U.S. immigration detention following a federal judge's order. U.S. District Judge Paula Xinis ruled that Immigration and Customs Enforcement (ICE) lacked the legal authority to detain him, as no formal deportation order had been issued.

Abrego Garcia entered the United States as a teenager and has lived in Maryland with his American wife and child. In 2019, an immigration judge granted him protection from deportation to El Salvador, citing credible fears of persecution by gangs. Despite this ruling, he was mistakenly deported to El Salvador in March 2025, where he was detained in a notorious prison. Following intervention by the U.S. Supreme Court, he was returned to the U.S. in June to face human smuggling charges in Tennessee, to which he has pleaded not guilty.

After his release from Tennessee custody in August, Abrego Garcia was re-detained by immigration officials, who sought to deport him to various African countries. Judge Xinis blocked these efforts, noting that the absence of a formal removal order rendered such actions unlawful. She emphasized that re-detaining him without proper legal grounds would undermine public faith in the justice system.

The Department of Homeland Security criticized the ruling and announced plans to appeal, labeling the decision as "naked judicial activism." Abrego Garcia's legal team continues to prepare for potential further deportation efforts.