U.S. Judge Orders Immediate Release of Kilmar Abrego Garcia

A U.S. District Judge has ordered the immediate release of Kilmar Abrego Garcia, who has faced unlawful detentions since his initial wrongful detention in El Salvador. The court found the government’s actions regarding his removal improper, ultimately preventing his deportation to El Salvador or any other country. The ruling, issued by Judge Paula Xinis on Thursday, emphasized the absence of a valid removal order.

In her 31-page order, Judge Xinis stated, “Since Abrego Garcia’s wrongful detention in El Salvador, he has been re-detained, again without lawful authority.” The judge made it clear that without a removal order, the government lacks the authority to deport Abrego Garcia to El Salvador’s CECOT mega-prison, despite previous claims from the Trump administration labeling him as a member of the criminal gang MS-13, which he vehemently denies.

The ruling highlights a complex history of Abrego Garcia’s detentions. In 2019, a court order had already barred his deportation to El Salvador due to fears of persecution. Despite this, the government had sought to remove him to various countries including Costa Rica, which Abrego Garcia indicated as his preferred destination. Judge Xinis noted that Costa Rica had previously communicated a firm offer to grant him residence and refugee status.

In her order, Judge Xinis directed the government to inform Abrego Garcia of the exact time and location of his release and to notify the court by 17:00 ET on the same day. She detailed how the government had notified Abrego Garcia of potential deportation to countries such as Uganda, Eswatini, and Ghana, but none of these options were viable.

“The history of Abrego Garcia’s case is as well known as it is extraordinary,” Xinis wrote. She pointed out that the government’s actions had not aligned with the fundamental purpose of detaining him for removal. Instead, they had created a convoluted situation that contradicted legal standards.

Following the judge’s order, Abrego Garcia will receive instructions from the United States Pretrial Services Office regarding the conditions of his release, previously imposed in his criminal case. His supporters have rallied for his release, as evidenced by a protest held outside the Immigration and Customs Enforcement field office in Baltimore on August 25, 2025.

This ruling marks a significant moment in Abrego Garcia’s ongoing struggle for justice against a backdrop of immigration challenges and legal complexities. As the situation unfolds, the implications of this ruling may resonate beyond Abrego Garcia, highlighting broader issues within the immigration enforcement system.