Kilmar Abrego Garcia Released from Detention Amid Ongoing Legal Battle

Sat Dec 13 2025 16:23:32 GMT+0200 (Eastern European Standard Time)

In a significant development, Kilmar Abrego Garcia, a Salvadoran immigrant who faced mistaken deportation, has been released from immigration detention. A judge has temporarily blocked further efforts to detain him while he fights his case.

Kilmar Abrego Garcia, whose wrongful deportation sparked protests against former President Trump's immigration policies, was released from detention after a judge ruled that an order of removal was never properly issued against him. He is currently fighting back against a criminal charge of human smuggling in Tennessee while also facing the threat of deportation to various African countries. His case exemplifies the complexities of the U.S. immigration system.

BALTIMORE (AP) — Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, was released from immigration detention on Thursday, and a judge has temporarily blocked any further efforts to detain him.

Abrego Garcia cannot be deported to his home country of El Salvador due to a 2019 immigration court order that found he had a well-founded fear of danger there. However, the Trump administration previously indicated intentions to deport him to Uganda, Eswatini, Ghana, and most recently, Liberia.

Abrego Garcia is contesting his deportation in federal court in Maryland, suggesting that the administration is manipulating the immigration process in retribution for his earlier successful challenge.

Who is Kilmar Abrego Garcia?

Abrego Garcia, a Salvadoran national with an American wife and child, has lived in Maryland for years, having immigrated to the U.S. illegally as a teenager. In 2019, he was granted protection from deportation.

Earlier this year, however, he was mistakenly deported to El Salvador, contrary to the court ruling.

In custody since March

Following his deportation in March, Abrego Garcia was held in a harsh Salvadoran prison despite having no criminal background. After a prolonged fight largely driven by legal advocacy, he returned to the U.S. in June only to face charges in Tennessee for human smuggling which he denies.

After two months, he was temporarily released but re-detained immediately upon a check-in with the immigration office. This led to a temporary court ruling preventing further detention.

No deportation order

On Thursday, Judge Paula Xinis ruled his release, pointing out that the earlier immigration judge did not follow appropriate procedures. Without an official order of removal, Abrego Garcia cannot be deported, according to this ruling.

Possible next steps

Moving forward, the government may either appeal Xinis’ decision or seek to reopen the immigration case; however, reopening carries significant risks as it would require relying on immigration judges known for high denial rates.

Free for now

Abrego Garcia was released and allowed to return home, although he must report to immigration officials. His attorneys secured a temporary restraining order to protect him from potential re-detention.

The criminal case continues

On a separate note, Abrego Garcia pleaded not guilty to human smuggling allegations in Tennessee. Prosecutors claim he aided undocumented individuals, although footage from the time does not support their case. His request to dismiss the charges facing claims of vindictive prosecution is ongoing.