A federal judge in Maryland on Thursday (Dec. 11) ordered the release of Kilmar Abrega Garcia from immigration custody, ruling that U.S. Immigration and Customs Enforcement (ICE) has no legal authority to continue detaining him.
U.S. District Judge Paula Xinis said Abrego Garcia must be “immediately” released, noting that he was “again detained, again without legal authority,” after being mistakenly deported to El Salvador earlier this year.
Unauthorized deportation
Kilmar Abrego Garcia, a Salvadoran national who has lived in Maryland for years, first entered the U.S. illegally as a teenager. He has an American wife and child.
In 2019, an immigration judge ruled that he could not be deported to El Salvador because the gang threatened his family. He was given a work permit and placed under supervision.
Despite this decision, he was mistakenly deported to El Salvador on March 15, 2025 and imprisoned there in harsh conditions. His case quickly became central to the debate over President Donald Trump’s immigration policy.
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 is attempting a second deportation
Since his return, ICE has tried to deport him again — not to El Salvador, where a court ruled he could not be sent, but to a number of African countries, including Liberia.
A Maryland judge blocked those plans in July, and Abrego Garcia has remained in ICE custody ever since.
His lawyers say the government is trying to punish him for revealing his past mistakes. They say the pursuit of deportation to unrelated third countries is “retaliatory” and violates due process.
The attitude of the government
In an earlier filing, the Justice Department said Liberia had assured U.S. officials that Abrego Garcia would not face persecution or torture there.
He also claims that an immigration official reviewed and rejected his claim of fear of deportation regarding Liberia.
But Abrega Garcia’s lawyers say he has already designated Costa Rica as the country to which he is willing to be removed — and that the government is ignoring that designation.
Three ongoing legal battles
Abrego Garcia’s situation is legally complex and involves three separate cases:
1. Civil Litigation in Maryland
He disputes DHS and ICE’s attempts to deport him again, saying the government is acting vindictively.
2. Criminal case in Tennessee
He faces charges of people smuggling from a stop in 2022. He pleaded guilty and filed a motion to dismiss alleging “selective or vindictive prosecution.”
The judge has already found there is evidence the prosecution “may be vindictive” and ordered an evidentiary hearing for December 8.
3. Immigration Court Proceedings
He is asking for his immigration case to be reopened and is seeking asylum in the US.
Timeline of key events
Circa 2011: Enters the US as a teenager fleeing El Salvador
March 28, 2019: Arrested in Maryland; converted to ICE
October 10, 2019: A judge rules that he cannot be deported to El Salvador
March 15, 2025: Unauthorizedly deported to El Salvador
April 10, 2025: The Supreme Court orders the US to bring him back
June 6, 2025: Return to the US; accused of people smuggling
July 23, 2025 – Present: ICE seeks deportation to African countries; blocked by the court
August 25, 2025: Files to reopen immigration case for asylum
December 8, 2025: Hearing begins on claims of vindictive prosecution
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