Federal Judge Orders Immediate Release of Kilmar Abrego Garcia From Immigration Custody

A federal judge has ordered immigration authorities to free Kilmar Abrego Garcia, concluding that his current detention lacks legal justification. U.S. District Judge Paula Xinis issued the directive on Thursday, 11 December 2025, instructing officials to arrange the Salvadoran national’s release from a Pennsylvania immigration facility and to inform both Abrego Garcia and the court of the exact time and location no later than 5 p.m. Eastern Time the same day.

In a 31-page opinion granting Abrego Garcia’s habeas corpus petition, Judge Xinis stated that the government has held him “without lawful authority” since his re-arrest by U.S. Immigration and Customs Enforcement (ICE). The ruling emphasized that no active removal order is in place, preventing federal agencies from lawfully deporting him from the United States. Xinis also found that the purpose of immigration detention—to ensure an individual’s timely removal—was not met under the current circumstances.

Background of the Case

Abrego Garcia, a Salvadoran native who had been living in Maryland with his wife and children, was first deported in March 2025 to El Salvador’s CECOT “mega-prison.” That transfer occurred despite a 2019 court order that barred his removal to El Salvador because of documented fears of persecution. The deportation followed claims by the Trump administration that Abrego Garcia was affiliated with the MS-13 criminal organization, an allegation he denies.

While detained in El Salvador, U.S. authorities obtained a criminal indictment charging him with human smuggling in Tennessee. He was returned to the United States in June 2025 to face those charges and pleaded not guilty in federal court. After posting bond, he was released into the custody of his brother in Maryland while awaiting trial. ICE agents arrested him again shortly afterward and transferred him to the York County Prison in Pennsylvania for immigration detention.

Disputed Removal Options

The Department of Homeland Security (DHS) has explored multiple destinations for Abrego Garcia’s removal. Last month, government attorneys asked Judge Xinis to lift an existing bar on deporting him to Liberia, asserting they had secured assurances from Liberian officials that he would not face persecution or torture. Before that request, ICE had informed Abrego Garcia of potential removals to Uganda, Eswatini and Ghana, none of which materialized.

Judge Xinis noted in her decision that Costa Rica had offered to accept Abrego Garcia as a resident and refugee, an option the court said the government appeared to discount. According to the order, Costa Rican Minister Zamora Cordero communicated publicly that the offer was firm and unconditional, undercutting the government’s position that no viable destination existed other than Liberia.

Government Response

DHS spokesperson Tricia McLaughlin criticized the ruling on social media, describing it as “naked judicial activism” and vowing to challenge the order through further litigation. The department has not yet indicated whether it will file an emergency appeal or seek a stay.

The court’s opinion instructs the United States Pretrial Services Office to brief Abrego Garcia on the release conditions that were originally set when he was freed from criminal custody earlier this year. Those terms remain in effect as he awaits trial on the human smuggling charges in Tennessee federal court.

Imagem: Internet

Legal Reasoning

Judge Xinis concluded that, because no country had agreed to accept Abrego Garcia under conditions meeting U.S. legal standards, detention could not be justified as reasonably necessary to carry out removal. The court cited case law establishing that immigration detention must be closely tied to the actual prospect of deportation and cannot be used as an indefinite holding measure.

Her analysis relied on the federal government’s own statements and public reporting indicating that each proposed destination either rejected the transfer or imposed conditions the United States could not meet. The opinion stated that re-detaining Abrego Garcia after his release from criminal custody conflicted with the “basic purpose” of immigration detention recognized by the Supreme Court.

Next Steps

ICE officials must now coordinate the logistics of Abrego Garcia’s release and file proof of compliance with the court. If the agency seeks to contest the decision, it would likely need to pursue emergency relief from the U.S. Court of Appeals for the Fourth Circuit. Information on federal appellate procedures is available through the Administrative Office of the U.S. Courts at uscourts.gov.

Separately, Abrego Garcia’s criminal case in Tennessee remains on the docket. Prosecutors have not requested any change in the conditions of that proceeding, and his trial schedule is unaffected by the immigration ruling.

Crédito da imagem: Andrew Harnik/Getty Images