A federal judge has ordered Salvadoran national Kilmar Abrego Garcia released from federal custody, handing the Trump administration a legal setback after nearly 10 months of disputes.
U.S. District Judge Paula Xinis ruled that Immigration and Customs Enforcement (ICE) had failed to provide a valid final removal order necessary for deportation, including attempts to send Abrego Garcia to various African nations.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”
The case stems from a March administrative error when Abrego Garcia was deported to El Salvador despite a 2019 court order barring his removal due to threats from gangs in his home country.
His return to the United States prompted a prolonged legal conflict over ICE’s adherence to proper deportation procedures and executive authority.
During hearings last month, Xinis challenged Justice Department (DOJ) attorneys on whether a final removal order existed.
DOJ attorney Drew Ensign claimed a 2019 immigration judge had intended to issue such an order, but Xinis rejected the assertion.
According to Trending Politics, she cited the Supreme Court ruling in Zadvydas v. Davis, which prohibits indefinite detention when deportation cannot proceed lawfully.
Abrego Garcia was detained upon returning to the U.S. in June, facing human smuggling charges related to a 2022 traffic stop in Tennessee.
He has filed a motion to dismiss the case, alleging selective prosecution.
A federal judge has scheduled a hearing on the motion, noting statements from administration officials that “raise cause for concern,” The Chicago Tribune reports.
Xinis also criticized the Trump administration’s refusal to deport Abrego Garcia to Costa Rica, which had reportedly agreed to accept him without detention or return to El Salvador.
Later filings contradicted claims that Costa Rica had withdrawn its offer.
The judge highlighted attempts to send Abrego Garcia to Liberia, Eswatini, Uganda and briefly Ghana as evidence of an effort that appeared punitive rather than lawful.
“You can’t ‘fake it ’til you make it,’” she said, according to Politico.
DHS Assistant Secretary Tricia McLaughlin called the ruling “judicial activism by an Obama-appointed judge” and signaled the administration would appeal.
Statements from federal officials have repeatedly described Abrego Garcia as an alleged MS-13 member, although multiple judges have questioned the evidence supporting those claims.
Abrego Garcia entered the United States illegally around 2011 as a teenager. He has an American wife and child and has lived in Maryland for years.
His immigration case has become a flashpoint in debates over deportation policies, executive overreach and constitutional limits on detention, highlighting tensions between national security priorities and legal procedures.
The ruling allows Abrego Garcia to live with his brother in the U.S. while his legal challenges and pending Tennessee case continue.
Legal observers note the decision underscores the necessity for proper documentation and adherence to established protocols before deportation actions can proceed, signaling a check on the administration’s enforcement strategies.
The case has drawn attention nationwide, emphasizing questions of accountability and legal compliance within immigration enforcement.
Xinis’ order highlights the balance courts must maintain between executive authority and the rights of individuals facing removal, setting a precedent for how future disputes may be handled.
