Federal Judge Orders Release of Kilmar Abrego Garcia From ICE Custody

A federal judge has ordered Kilmar Abrego Garcia, a Salvadoran national at the center of a high-profile immigration battle, freed from U.S. Immigration and Customs Enforcement (ICE) custody after ruling his detention unlawful — at least for now.

The move came Thursday when U.S. District Judge Paula Xinis determined that ICE had no legal authority to keep Abrego Garcia in immigration detention because no valid final deportation order existed in his case.

Abrego Garcia, 30, has lived in Maryland for years with his American wife and child. He first gained national attention earlier in 2025 when he was mistakenly deported by the federal government to El Salvador, despite a 2019 immigration ruling that barred his removal due to credible threats from gang violence in his home country. He was held in a notoriously dangerous Salvadoran prison before federal courts ordered his return to the United States.

Upon his return in June, Abrego Garcia was indicted on federal human-smuggling charges in Tennessee, which he has pleaded not guilty to and vehemently denies.

Hours after his release, Abrego Garcia appeared for a routine check-in at an ICE field office — a requirement for immigrants in supervision — prompting concerns from his legal team that authorities might re-detain him. In response, Judge Xinis issued a temporary restraining order barring ICE from rearresting him without a proper hearing, a move seen as a buffer against immediate re-detention.

Legal advocacy groups and supporters gathered outside the Baltimore field office as Abrego Garcia emerged to applause, where he told the crowd he stands “a free man” with “so much hope.”

The government has criticized the judge’s actions, with Department of Homeland Security officials labeling the ruling “naked judicial activism” and signaling plans to appeal.

Abrego Garcia’s case has become emblematic of broader debates about immigration enforcement under the Trump administration, especially around due process and deportation procedures. Supporters say his repeated detentions — despite judicial protections against his removal to El Salvador — reflect systemic problems in immigration policy. Critics from the administration argue robust enforcement is necessary for border integrity and public safety.

While Abrego Garcia remains free for now under court order and supervision requirements, his legal challenges are far from over, as he continues to fight the federal human-smuggling charges in Tennessee. Ongoing court hearings will determine whether ICE can lawfully detain or remove him in the future.

Immigrant-rights advocates are watching the case closely as a potential precedent on how courts check immigration enforcement powers, particularly in extraordinary circumstances involving wrongful deportation and prolonged custody without final orders.