Judge finds detention unlawful because there is no valid deportation order, returning the twice-deported man to legal custody in the United States.
A U.S. federal judge has ordered the immediate release of Kilmar Abrego Garcia from Immigration and Customs Enforcement custody, ruling that his detention lacked any lawful basis.
The decision on Thursday came after months of legal battles surrounding his mistaken deportation, return to the United States, and subsequent re-detention.
Abrego Garcia, a thirty-year-old Salvadoran national who has lived in Maryland with his American wife and child for years, was wrongly deported to El Salvador in March.
Immigration authorities later acknowledged that his removal had occurred in error, and a court subsequently ordered his return to the United States earlier this year.
Upon his return in June, Abrego Garcia faced federal charges in Tennessee, including allegations related to human smuggling, which he denies.
After a period of release, immigration authorities re-arrested him in September and placed him in an ICE detention facility in Pennsylvania.
In her ruling, U.S. District Judge Paula Xinis concluded that the government had no valid final deportation order justifying his continued detention.
The judge also criticized government attorneys for misleading the court about options for removing him to another country and noted that
Costa Rica remained willing to accept him on humanitarian grounds, contrary to government claims.
The judge’s order required that Abrego Garcia be freed from custody immediately.
His legal team confirmed that he was released shortly before the court’s deadline and indicated that he plans to return to Maryland to reunite with his family and continue fighting efforts to deport him.
The Department of Homeland Security sharply condemned the ruling, describing it as judicial activism and announcing plans to appeal.
The administration has continued to explore options for removing Abrego Garcia to a third country, including Liberia, though his lawyers argue that he could pursue legal status in the United States, including asylum or permanent residency through his U.S. citizen spouse.
Abrego Garcia’s case has become emblematic of the challenges and controversies in U.S. immigration enforcement, particularly following his high-profile mistaken deportation and the government’s subsequent legal maneuvers.
He remains subject to conditions tied to his ongoing criminal case, including home detention and electronic monitoring, as the broader legal process continues.