A federal judge in Maryland on Thursday (December 11) ordered the release of Kilmar Abrego Garcia from immigration detention, ruling that US Immigration and Customs Enforcement (ICE) had no lawful authority to continue holding him.
US District Judge Paula Xinis said Abrego Garcia must be freed “immediately,” noting that he had been “re-detained, again without lawful authority” after being mistakenly deported to El Salvador earlier this year.
A wrongful deportation
Kilmar Abrego Garcia, a Salvadoran national who has lived in Maryland for years, first entered the US illegally as a teenager. He has an American wife and child.
In 2019, an immigration judge ruled he could not be deported to El Salvador because a gang had threatened his family. He received a work permit and was placed under supervision.
Despite that ruling, he was mistakenly deported to El Salvador on March 15, 2025, and imprisoned there in harsh conditions. His case quickly became a focal point in the debate over President Donald Trump's immigration policies.
Supreme Court intervention
On April 10, 2025, the US Supreme Court ordered the Trump administration to take steps to bring him back. He was returned to the US in June.
ICE attempts a second deportation
Since returning, ICE has attempted to deport him again — not to El Salvador, where a court has ruled he cannot be sent, but to a series of African nations, including Liberia.
A Maryland judge blocked those plans in July, and Abrego Garcia has remained in ICE custody since then.
His lawyers argue the government is trying to punish him for exposing its earlier mistakes. They say the pursuit of deportation to unrelated third countries is “retaliatory” and violates due process.
Government’s position
In an earlier filing, the Justice Department said Liberia has assured US officials that Abrego Garcia would not face persecution or torture there.
They also claim an immigration officer reviewed and rejected his fear-of-deportation claims regarding Liberia.
But Abrego Garcia’s attorneys say he has already designated Costa Rica as the country he is willing to be removed to — and that the government is ignoring that designation.
Three ongoing legal battles
Abrego Garcia’s situation is legally complex, involving three separate cases:
1. Civil case in Maryland
He is challenging DHS and ICE’s attempts to deport him again and argues the government is acting vindictively.
2. Criminal case in Tennessee
He faces human smuggling charges from a 2022 traffic stop. He has pleaded not guilty and filed a motion to dismiss, alleging “selective or vindictive prosecution.”
A judge has already found there is some evidence the prosecution “may be vindictive” and has ordered an evidentiary hearing for December 8.
3. Immigration court proceedings
He is petitioning to reopen his immigration case to seek asylum in the US.
Timeline of key events
Around 2011: Enters the US as a teenager fleeing El Salvador
Mar 28, 2019: Arrested in Maryland; transferred to ICE
Oct 10, 2019: Judge rules he cannot be deported to El Salvador
Mar 15, 2025: Wrongfully deported to El Salvador
Apr 10, 2025: Supreme Court orders US to bring him back
Jun 6, 2025: Returned to US; charged with human smuggling
Jul 23, 2025–present: ICE pursues deportation to African nations; blocked by court
Aug 25, 2025: Files to reopen immigration case for asylum
Dec 8, 2025: Hearing set on claims of vindictive prosecution
