DOJO – A federal judge has ordered the immediate release of Kilmar Abrego Garcia, the Maryland resident who was mistakenly deported to a notorious El Salvador megaprison earlier this year during the Trump administration’s aggressive removal push.
U.S. District Judge Paula Xinis ruled that Abrego Garcia has been detained “without lawful authority” since being brought back to the United States, citing months of irregular and unlawful government actions surrounding his case.
What Happened?
Abrego Garcia, who has lived in Maryland for years and is married to a U.S. citizen, was first deported in March to CECOT — the violent El Salvador super-prison known for its harsh conditions — despite a 2019 court order blocking his removal due to a fear of gang persecution.
While inside CECOT, he says guards beat him with wooden batons, forced him to kneel overnight from 9 p.m. to 6 a.m., and left prisoners to attack each other. He lost 31 pounds in two weeks, describing the experience as torturous.
After U.S. officials admitted the deportation was an “administrative error,” he was returned in June — only to be criminally charged in Tennessee with migrant smuggling, charges he denies.
Judge Says Re-Detention Was Illegal
Judge Xinis blasted federal authorities for immediately detaining him again during an ICE check-in in August and attempting to deport him to Uganda, Eswatini, or Liberia, despite having no legal removal order.
“No such order of removal exists,” the judge wrote, stressing that detention cannot be indefinite or used as punishment.
She also noted that Costa Rica offered to take him, but U.S. officials ignored the option.
The judge ruled that he must now be released and continue following the conditions previously set in the Tennessee criminal case.
DHS Responds
A Department of Homeland Security spokesperson called the ruling “naked judicial activism” and said the administration would challenge it.
Immigrant-rights advocates, including Senator Chris Van Hollen of Maryland, celebrated the ruling as a necessary correction to months of due-process violations.
What’s Next?
Abrego Garcia still faces criminal charges in Tennessee, but he is no longer in ICE custody and cannot be removed from the U.S. while the case continues.
The case has become a national flashpoint in discussions around due process, immigration policy, and the Trump administration’s controversial enforcement tactics.
