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Federal Judge Orders Release of Salvadoran Man from Immigration Custody

2025-12-11

The BareStory

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.

Left Perspective

  • The detention was ruled unlawful by a federal judge.
  • His removal is not considered imminent, making continued detention unjustifiable.
  • His personal circumstances and legal history support his release pending trial.

Right Perspective

  • The judicial order is seen as an illegitimate overreach.
  • The individual is facing federal criminal charges.
  • He has been the subject of serious allegations and removal efforts.

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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