Kilmar Abrego Garcia was released from immigration custody after a federal judge found a likely procedural flaw in his 2019 immigration case that prevented a valid removal order. Judge Paula Xinis ruled that because a formal order of removal was never entered, Abrego Garcia cannot be deported while the matter is litigated. A temporary restraining order bars his re‑detention for now. He also faces unrelated human smuggling charges in Tennessee, which he denies and calls vindictive.
Federal Judge Orders Release of Kilmar Abrego Garcia After Finding Flaw in 2019 Immigration Case
Kilmar Abrego Garcia waits to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)(ASSOCIATED PRESS)
Kilmar Abrego Garcia — whose earlier, erroneous deportation drew national attention — was released from U.S. immigration custody after a federal judge in Maryland found a likely procedural defect in his 2019 immigration proceeding. U.S. District Judge Paula Xinis temporarily barred immigration officials from re‑detaining him while the legal dispute continues.
Background
Abrego Garcia, a citizen of El Salvador who has lived in Maryland for years and has an American wife and child, originally entered the United States as a teenager. In 2019 an immigration judge found he had a "well‑founded fear" of returning to El Salvador and granted withholding of removal — a determination that is meant to prevent deportation to a country where an individual faces danger. He was permitted to live and work under Immigration and Customs Enforcement (ICE) supervision but was not granted formal residency.
What Happened Earlier This Year
In March, Abrego Garcia was mistakenly deported to El Salvador and reportedly held in a notoriously harsh Salvadoran prison despite having no criminal record. The U.S. government initially resisted efforts to return him, but the U.S. Supreme Court ultimately stepped in and he was returned to the United States in June.
Kilmar Abrego Garcia cries during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)(ASSOCIATED PRESS)
After returning, he faced an unrelated criminal arrest warrant in Tennessee alleging human smuggling. He spent more than two months in a Tennessee jail and was released on Aug. 22 to await trial under home detention in Maryland. The following Monday, after a routine check‑in at the Baltimore immigration office, ICE took him into custody again and officials announced plans to remove him to a series of African countries — including Uganda, Eswatini, Ghana and Liberia.
Judge Xinis’ Ruling: No Enforceable Removal Order
On Thursday, Judge Paula Xinis ordered Abrego Garcia released. Her decision was based on what she concluded was a procedural error in the 2019 immigration proceeding: the immigration judge granted withholding of removal (finding that Abrego Garcia would face danger in El Salvador) but did not first issue a formal order of removal. The government argued a removal order could be inferred; Xinis disagreed, finding that without a final removal order Abrego Garcia cannot be deported.
Possible Next Steps
The government has several options: it could return to immigration court and ask a judge to issue the missing order of removal — a step that risks reopening Abrego Garcia's protections and allowing him to seek asylum or other relief — or it could appeal Xinis' decision to the 4th U.S. Circuit Court of Appeals. If the appeals court finds the removal order was implied, that could resolve the dispute without reopening the immigration case.
Kilmar Abrego Garcia leaves with Lydia Walther-Rodriguez of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)(ASSOCIATED PRESS)
Temporary Restraining Order And Current Status
Following Xinis' ruling, immigration authorities released Abrego Garcia from custody in Pennsylvania and he was allowed to return home for the first time in months. Concerned he could be re‑detained, his attorneys requested and obtained a temporary restraining order from Xinis that bars immigration officials from taking him back into custody for the time being. A further hearing could occur as soon as next week.
The Separate Criminal Case
Separately, Abrego Garcia has pleaded not guilty in Tennessee to federal charges of human smuggling and conspiracy to commit human smuggling. The charges stem from a 2022 traffic stop in Tennessee in which officers noted nine passengers in the vehicle. Body camera footage shows a calm encounter; Abrego Garcia was ultimately allowed to continue driving with a warning at that time.
Abrego Garcia has moved to dismiss the smuggling charges on the grounds of "selective or vindictive prosecution." U.S. District Judge Waverly Crenshaw has said there is "some evidence" the prosecution may be vindictive and flagged public statements by senior Justice Department officials — including remarks by Deputy Attorney General Todd Blanche on Fox News — that could suggest the prosecution was linked to Abrego Garcia’s successful wrongful‑deportation challenge. The parties are also disputing whether senior DOJ officials should be compelled to testify.
Why This Matters
This case highlights tensions between immigration courts (which are part of the executive branch) and the federal judiciary, and raises questions about procedural safeguards, accountability for mistaken deportations, and potential political influence on prosecutorial decisions.
