Judge Cites Lack of Legal Basis for Detention
A federal judge in Maryland on Thursday, December 11, 2025, ordered the immediate release of Kilmar Abrego Garcia from Immigration and Customs Enforcement (ICE) custody. U.S. District Judge Paula Xinis ruled that federal authorities had detained Abrego Garcia without any legal basis, specifically noting the absence of a final removal order. Judge Xinis also indicated that Justice Department attorneys and an ICE witness had 'misled' the court during a previous hearing regarding Costa Rica's willingness to accept Abrego Garcia.
Background of a Contentious Case
Kilmar Abrego Garcia, a 30-year-old Salvadoran national with an American wife and child, has resided in Maryland for many years after entering the U.S. illegally as a teenager. His case has become a focal point in the ongoing debate surrounding immigration enforcement. In 2019, an immigration judge had ruled against his deportation to El Salvador due to a credible threat from a gang that had targeted his family.
Despite this, Abrego Garcia was mistakenly deported to El Salvador in March 2025. He was subsequently returned to the U.S. in June 2025, where he faced human smuggling charges in Tennessee, allegations he denies. Following his release from criminal custody in August, he was re-detained by ICE.
Government Reaction and Future Steps
The Department of Homeland Security (DHS) swiftly condemned Judge Xinis's decision, labeling it 'naked judicial activism' and announcing its intention to appeal the ruling. Tricia McLaughlin, DHS assistant secretary, stated that the department would 'continue to fight this tooth and nail in the courts.'
Abrego Garcia's attorney, Simon Sandoval-Moshenberg, hailed the ruling as an 'extraordinary victory' and a 'turning point' for his client, while also emphasizing the need for continued vigilance given the government's past actions. Abrego Garcia was released from a Pennsylvania detention facility shortly before 5 p.m. ET and has been instructed to report to an ICE field office in Baltimore on Friday morning.
11 Comments
Katchuka
This is a win for human rights and due process.
Loubianka
It's good that a judge intervened to prevent unlawful detention, especially given his American family. Yet, it doesn't change the fact that he initially entered the U.S. illegally, which creates a difficult precedent for enforcement.
Noir Black
Another activist judge meddling in immigration enforcement. Shameful.
Leonardo
This ruling undermines border security and national sovereignty.
Michelangelo
DHS is right; this is pure judicial overreach.
lettlelenok
The mistaken deportation and subsequent re-detention show significant flaws in ICE's operations. Still, the broader issue of managing undocumented immigrants with family ties here needs a legislative solution, not just courtroom battles.
Noir Black
So, breaking the law gets you rewarded now? Unbelievable.
KittyKat
He entered illegally. The law is the law, send him back!
Katchuka
Finally, some justice! ICE needs to follow the law.
Loubianka
A judge holding the government accountable? Excellent!
BuggaBoom
His family deserves this relief. What a nightmare he's endured.