Politics

Federal Judge Orders Release of Salvadoran Man from Immigration Custody

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Dec 11, 2025

THE BARE STORY

A federal judge in Maryland on Thursday ordered the immediate release of Kilmar Abrego Garcia, a Salvadoran national who has been in immigration custody since August. U.S. District Judge Paula Xinis ruled that Abrego Garcia was being held "without lawful authority" because the government does not have a final order for his removal from the United States.

The case follows Abrego Garcia's deportation to El Salvador in March, which occurred despite a 2019 court order barring his removal to that country due to fears of persecution. He was brought back to the U.S. in June to face federal human smuggling charges in Tennessee, to which he has pleaded not guilty. After being released pending that trial, he was taken back into custody by Immigration and Customs Enforcement (ICE) and held in a facility in Pennsylvania.

In her ruling, the judge stated that his continued detention was not justified because his removal was not "reasonably foreseeable or imminent," citing a Supreme Court precedent that limits indefinite detention. A Department of Homeland Security official, Tricia McLaughlin, called the decision "naked judicial activism" that "lacks any valid legal basis" and said the department would continue to challenge the order. The government had previously sought to deport Abrego Garcia to several other countries, including Liberia, Uganda, Eswatini, and Ghana.

The judge’s order allows Abrego Garcia to be released while he awaits trial on the smuggling charges, which stem from a 2022 incident. According to one filing, Costa Rica has offered to grant him residency and refugee status. The Trump administration had previously alleged Abrego Garcia was a member of the MS-13 gang, an allegation he denies.

Same Facts. Different Perspectives.

Two AI models. Two viewpoints. One factual foundation.

Perspective by Claude

• The detention was ruled unlawful by a federal judge. A U.S. District Judge ordered the immediate release of Kilmar Abrego Garcia, ruling he was being held "without lawful authority." The judge's reasoning was that the government did not have a final order for his removal from the United States.

• His removal is not considered imminent, making continued detention unjustifiable. The judge found that Abrego Garcia's continued detention was not warranted because his removal was not "reasonably foreseeable or imminent." This decision was grounded in a Supreme Court precedent that places limits on indefinite detention of individuals in immigration custody.

• His personal circumstances and legal history support his release pending trial. Abrego Garcia denies an allegation from a previous administration that he is a gang member and has pleaded not guilty to pending human smuggling charges. The article notes that a court had previously barred his deportation to El Salvador due to persecution fears, and Costa Rica has offered him residency and refugee status.

How it may affect me

As a U.S. reader:

• This court decision challenges the government's authority to detain immigrants indefinitely, potentially impacting future immigration enforcement and detention policies.

• The conflict between the judge and the Department of Homeland Security could lead to further legal battles over the separation of powers in immigration cases.

• An individual facing federal human smuggling charges, who was previously alleged by the government to be a gang member, will be released while awaiting trial.

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