Federal Judge Orders Release of Immigrant Detained by ICE Amid Legal Battles

Sat Dec 13 2025 11:56:03 GMT+0200 (Eastern European Standard Time)

Kilmar Abrego Garcia is freed from immigration custody by a federal judge while he continues to fight his deportation case, after being wrongfully deported to El Salvador previously. His ongoing lawsuit questions ICE's authority and the Trump administration's actions.

A federal judge in Maryland has ordered the immediate release of Kilmar Abrego Garcia from ICE detention, marking a significant development in his ongoing legal battle against deportation. Abrego Garcia, who faced threats from gangs in El Salvador, is pursuing asylum in the U.S. and has raised concerns about his mistreatment during previous detentions. His case has drawn attention to U.S. immigration policies and practices under the Trump administration.

GREENBELT, Md. — A federal judge in Maryland ruled on Thursday that Kilmar Abrego Garcia must be released from immigration detention while he challenges his deportation. U.S. District Judge Paula Xinis declared that Immigration and Customs Enforcement (ICE) must immediately free Abrego Garcia from custody.

Judge Xinis highlighted that Garcia's recent return from wrongful detention in El Salvador was baseless, emphasizing, he has been re-detained, again without lawful authority. Garcia’s case became a rallying point for immigration advocates following his mistaken deportation in March, which has led to ongoing legal scrutiny.

Garcia, a Salvadoran national with an American wife and child, initially immigrated to the U.S. illegally as a teenager. In 2019, an immigration judge ruled he could not be deported to El Salvador due to threats to his life from gangs against his family. After a tragic mistaken deportation, he returned to the U.S. under court order, steering his fight into broader discussions about the immigration policies of the prior Trump administration.

In response to the ruling, both the Justice Department and Garcia's attorney have yet to provide comments. ICE remains challenged by Garcia’s unwillingness to be deported to El Salvador, leading them to consider deporting him to various African countries instead, according to outside sources.

Amid these proceedings, Garcia has filed a separate immigration court petition to seek asylum in the United States, highlighting his plight further. He is also facing unrelated criminal charges in Tennessee, where he has pleaded not guilty to human smuggling, claiming that the prosecution is a form of retaliation.