A Maryland federal judge said she will quickly decide whether to free Kilmar Abrego Garcia from immigration detention after an erroneous March deportation to El Salvador. Federal officials have sought to remove him to several African countries despite Costa Rica’s earlier assurance it would accept him. His lawyers argued he cannot be held indefinitely because the immigration record lacks a final removal order; the judge appeared sympathetic and promised a prompt ruling. Even if released, Abrego Garcia could still face renewed deportation efforts while his attorneys seek to reopen his asylum case.
Judge to Decide Quickly Whether Kilmar Abrego Garcia Should Be Freed From Immigration Detention
A Maryland federal judge said she will quickly decide whether to free Kilmar Abrego Garcia from immigration detention after an erroneous March deportation to El Salvador. Federal officials have sought to remove him to several African countries despite Costa Rica’s earlier assurance it would accept him. His lawyers argued he cannot be held indefinitely because the immigration record lacks a final removal order; the judge appeared sympathetic and promised a prompt ruling. Even if released, Abrego Garcia could still face renewed deportation efforts while his attorneys seek to reopen his asylum case.
06:58 AM, 11/21/2025Politics
A federal judge in Maryland told lawyers she will issue a prompt ruling on whether Kilmar Abrego Garcia should be released from immigration custody following a mistaken deportation earlier this year.
Abrego Garcia was erroneously deported to El Salvador in March in violation of a prior court settlement and returned to the United States in June. Since his return, federal officials have sought to remove him to a series of third countries in Africa, most recently Liberia. His attorneys say the government is retaliating by using the immigration system after acknowledging the earlier error.
U.S. District Judge Paula Xinis previously issued an injunction preventing his immediate removal; the government has asked her to lift that order. At Thursday’s hearing, John Cantu of Immigration and Customs Enforcement supported the Department of Homeland Security’s plan to send Abrego Garcia to Liberia and testified that Costa Rica is "not an option at the moment," but provided few details to explain why Costa Rica — which had earlier given assurances it would allow him to live there freely — cannot accept him.
Abrego Garcia has an American wife and child and has lived in Maryland for years. He entered the U.S. illegally from El Salvador as a teenager. In 2019, an immigration judge found he faced danger in El Salvador and granted him protection from deportation to that country; because he cannot be returned there, officials say they must identify a suitable third country for removal.
Defense attorneys argued the government cannot detain Abrego Garcia indefinitely when the immigration record does not contain a final order of removal. Judge Xinis appeared to agree that, without a formal removal order, continued detention is questionable.
“You can’t fake it ’till you make it,” Judge Xinis said of the missing removal order. “You’ve got to have it.”
The judge said she would rule as quickly as possible, while acknowledging the legal questions are substantial. Even if Abrego Garcia is released from custody, the government is expected to continue efforts to remove him. He has filed a petition to reopen his immigration proceedings to pursue asylum in the United States, but there is no guarantee it will be granted.
After the hearing, Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, said the government’s failure to explain why Costa Rica cannot accept his client fuels the impression that immigration procedures are being used for retaliation.
“I can’t think of any reason why we’re still fighting out this case, and why he’s still behind bars in a detention center in Pennsylvania, when the government could have sent him to Costa Rica months ago,” he said.
Travis Loller contributed reporting from Nashville, Tennessee.