Salvadoran Immigrant Released from Detention After Judge Rules Federal Authorities Had No Legal Basis

Kilmar Abrego Garcia was freed from immigration detention Thursday following a federal judge’s order, marking a significant victory for the Salvadoran immigrant whose case has become emblematic of controversial immigration enforcement practices under the Trump administration.

U.S. District Judge Paula Xinis in Maryland ordered Immigration and Customs Enforcement (ICE) to release Abrego Garcia immediately, ruling that federal authorities had detained him without legal justification after his return to the United States.

“The government still has plenty of tools in their toolbox, plenty of tricks up their sleeve,” said Simon Sandoval-Moshenberg, Abrego Garcia’s attorney, who confirmed his client’s release from the Moshannon Valley Processing Center in Pennsylvania shortly before the 5 p.m. deadline set by the court. “We’re going to be there to fight to make sure there is a fair trial.”

The Department of Homeland Security responded with sharp criticism, calling the ruling “naked judicial activism” and vowing to appeal. “This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts,” said Tricia McLaughlin, the department’s assistant secretary.

Abrego Garcia’s case gained national attention after he was erroneously deported to El Salvador in March despite a 2019 immigration judge’s ruling that he could not be sent there because he faced danger from a gang targeting his family. His wrongful deportation sparked outcry from immigrant rights advocates and became a focal point for critics of the Trump administration’s immigration policies.

After a court ordered his return to the United States, ICE attempted to deport him to various African countries. His federal lawsuit alleges the Trump administration is illegally using the removal process as punishment for the public embarrassment caused by his initial deportation.

In her blistering order, Judge Xinis wrote that federal authorities “did not just stonewall” the court but “affirmatively misled the tribunal.” She referenced ICE’s attempts to remove Abrego Garcia to four different African countries seemingly without securing commitments from those nations, as well as officials’ false claims that Costa Rica had withdrawn its offer to accept him.

“But Costa Rica had never wavered in its commitment to receive Abrego Garcia, just as Abrego Garcia never wavered in his commitment to resettle there,” the judge wrote.

The judge also rejected the government’s argument that she lacked jurisdiction to intervene, finding that no final removal order had been filed in Abrego Garcia’s case.

Abrego Garcia plans to return to Maryland, where he has lived for years with his American wife and child after entering the U.S. illegally as a teenager. He is separately asking an immigration court to reopen his case so he can seek asylum in the United States.

Complicating matters further, Abrego Garcia faces criminal charges in Tennessee, where he has pleaded not guilty to human smuggling allegations. His defense team has asked the federal court to dismiss that case, arguing the prosecution is vindictive. A judge has ordered an evidentiary hearing after finding “some evidence” supporting this claim, noting concerning statements from Trump administration officials.

One such statement came from Deputy Attorney General Todd Blanche, which appeared to suggest the Justice Department charged Abrego Garcia because he won his wrongful deportation case—raising serious questions about the motivation behind the prosecution.

Sandoval-Moshenberg said the judge’s ruling makes clear that “the government can’t detain someone indefinitely without legal authority” and acknowledged that his client “has endured more than anyone should ever have to.”

As Abrego Garcia reunites with his family in Maryland, his legal battles are far from over, with multiple court proceedings likely to continue in the coming months against the backdrop of heightened national attention to immigration enforcement practices.