Judge Grants Immediate Release from ICE Custody

A United States federal judge has ordered the release of Kilmar Abrego Garcia from immigration detention, marking a significant development in a case that has drawn national attention.

On December 11, 2025, US District Judge Paula Xinis ruled that Abrego Garcia, who was wrongfully deported to El Salvador in March under the Trump administration, must be freed immediately from Immigration and Customs Enforcement (ICE) custody.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Judge Xinis wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”

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Background of the Case

Abrego Garcia entered the US as a teenager without documentation and has lived in Maryland for years with his wife and children. In 2019, an immigration judge ruled he could not be deported to El Salvador due to threats from gangs targeting his family.

Despite this ruling, the Trump administration deported him in March 2025, sparking criticism and making his case a focal point for opposition to mass deportation policies. Since his return, authorities have attempted to deport him to various African countries, while Abrego Garcia has also faced federal charges for alleged human smuggling stemming from a 2022 traffic stop—a case he claims is vindictive and politically motivated.

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Criticism of the Trump Administration’s Actions

Judge Xinis highlighted that lawyers for the Trump administration “affirmatively misled” the court, including falsely claiming that Costa Rica had withdrawn its offer to accept Abrego Garcia.

“But Costa Rica had never wavered in its commitment to receive Abrego Garcia, just as Abrego Garcia never wavered in his commitment to resettle there,” the judge wrote.

The ruling underscores legal concerns over the administration’s approach to deportation and the potential misuse of immigration processes to target individuals who become public symbols of immigrant rights advocacy.

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Department of Homeland Security Responds

The Department of Homeland Security (DHS) condemned the ruling, with spokesperson Tricia McLaughlin calling it “judicial activism”. DHS said it would continue to challenge the court’s decision, asserting the order “lacks any valid legal basis” and pledging to “fight this tooth and nail in the courts.”

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Next Steps: Asylum Petition and Legal Challenges

Abrego Garcia has also petitioned to reopen his immigration case to seek asylum in the United States. Legal experts note that the case could have broader implications for US immigration law, particularly regarding wrongful deportations, ICE authority, and protections for immigrants under threat of gang violence.

Supporters of Abrego Garcia see his release as a victory for immigrant rights, emphasizing the importance of judicial oversight in preventing abuses within the US immigration system.