Kilmar Abrego Garcia freed from federal immigration detention, his attorney's office says
Dec 11, 2025
Kilmar Abrego Garcia has been released from an immigration detention center in Pennsylvania following an order from a federal judge issued Thursday, according to his attorney’s office.
Abrego Garcia’s attorney confirmed he was released just before 5 p.m. Thursday and told The Associated Press
he plans to return to Maryland, where he has an American wife and child. Attorney Simon Sandoval-Moshenberg said he’s not sure what comes next, but he’s prepared to defend his client against further deportation efforts.
The ruling in Maryland from U.S. District Judge Paula Xinis came after Abrego Garcia and his attorneys filed a habeas petition claiming the federal government had no legal avenue to continue to detain him because no final order of deportation had been issued. The ruling hands a major victory to the immigrant whose wrongful deportation to a notorious prison in El Salvador made him a flashpoint in the Trump administration’s immigration crackdown.
The Department of Homeland Security sharply criticized the judge’s decision and vowed to appeal, calling the ruling “naked judicial activism.”
Xinis’ ruling said Immigration and Customs Enforcement must release Abrego from custody immediately.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” the judge wrote. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”
NBC Washington and Telemundo Washington were first to report when Abrego’s family said he was detained in Prince George’s County and then deported despite having protected status.
The Salvadoran national has an American wife and child and has lived in Maryland for years, but he originally immigrated to the U.S. illegally as a teenager. An immigration judge in 2019 ruled Abrego could not be deported to El Salvador because he faced danger from a gang that targeted his family. When Abrego was mistakenly deported there in March, his case became a rallying point for those who oppose President Donald Trump’s immigration crackdown.
Abrego was returned to the U.S. under a court order. Since he cannot be deported to El Salvador, ICE had been seeking to deport him to a series of African countries. His lawsuit in federal court claims the Trump administration is illegally using the deportation process to punish Abrego over the embarrassment of his mistaken deportation to El Salvador.
Meanwhile, in a separate action in immigration court, Abrego is petitioning to reopen his immigration case to seek asylum in the United States.
Maryland
Oct 10
Trump officials not giving up on deporting Abrego Garcia to African nations despite resistance
Additionally, Abrego is facing criminal charges in federal court in Tennessee, where he has pleaded not guilty to human smuggling. He has filed a motion to dismiss the charges, claiming the prosecution is vindictive.
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