Federal Judge Orders Release of Salvadoran Man from ICE Custody in Maryland

A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration detention. The ruling came from a Maryland court on Thursday. Judge Paula Xinis found that Immigration and Customs Enforcement lacked lawful authority to hold him.

The decision allows Abrego Garcia to remain free while he challenges his deportation. The case has become a focal point in debates over U.S. immigration enforcement. According to the Associated Press, the Department of Homeland Security strongly criticized the order.

Judge Cites “Wrongful Detention” and Lack of Authority

Judge Xinis was unequivocal in her ruling. She stated Abrego Garcia had been re-detained without lawful authority. This followed his return from what she termed “wrongful detention” in El Salvador earlier this year.

The judge granted his petition for immediate release. ICE is now compelled to free him from custody. The ruling is a temporary measure as his broader legal case proceeds.

Abrego Garcia is a Salvadoran national with an American wife and child. He has lived in Maryland for years after entering the U.S. illegally as a teen. An immigration judge previously ruled he could not be deported to El Salvador due to gang threats against his family.

Legal and Political Battles Intensify Around Case

The government’s response was swift and harsh. A DHS spokesperson labeled the judge’s order “naked judicial activism.” They vowed to fight the decision in court, signaling a continued legal battle.

This case intersects with several complex legal fronts. Abrego Garcia is separately petitioning to reopen his immigration case to seek asylum. He is also facing federal criminal charges in Tennessee for human smuggling, to which he has pleaded not guilty.

His defense argues the prosecution is vindictive. A judge in that case has noted some evidence supporting that claim and ordered a hearing. The judge cited statements from Trump administration officials that “raise cause for concern.”

The release of Kilmar Abrego Garcia highlights the intense legal friction surrounding U.S. immigration policy. His ongoing case remains a significant test of detention authority and judicial oversight.

Thought you’d like to know

Who is Kilmar Abrego Garcia?

He is a Salvadoran national living in Maryland with his American wife and child. He entered the U.S. illegally as a teenager and has been fighting deportation for years.

Why was he ordered released from ICE custody?

A federal judge ruled ICE was detaining him without lawful authority. This was after he was wrongly deported to and returned from El Salvador earlier in the year.

What is the government’s response to the release order?

The Department of Homeland Security strongly opposes it. A spokesperson called the ruling “naked judicial activism” and promised to continue legal challenges.

What other legal issues does Abrego Garcia face?

He is seeking asylum in a separate immigration case. He also faces federal human smuggling charges in Tennessee, which he claims are a vindictive prosecution.

Why can’t he be deported to El Salvador?

An immigration judge ruled in 2019 that he faced specific danger from a gang targeting his family there. This makes his deportation to El Salvador prohibited.