US judge orders Kilmar Abrego Garcia's release from ICE custody

December 11, 2025

A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration detention, ruling that authorities lacked legal grounds to hold him. Abrego Garcia, a Salvadoran immigrant married to a US citizen, was wrongfully deported in March despite a court order protecting him, then returned to face human smuggling charges which he denies. After being released from criminal custody in Tennessee, he was immediately re-detained by immigration officials who suggested deporting him to various African nations, though Costa Rica had offered to accept him.

Who is affected

Kilmar Abrego Garcia (Salvadoran immigrant detained and deported)
Abrego Garcia's wife (US citizen)
Abrego Garcia's brother in Maryland (granted custody)
Department of Homeland Security/Immigration and Customs Enforcement (ICE)
Judge Paula Xinis (US District Judge in Maryland)

What action is being taken

Judge Xinis has ordered Abrego Garcia's immediate release from immigration custody
Abrego Garcia is facing human smuggling charges in Tennessee (to which he has pleaded not guilty)
The government is considering various countries for potential removal

Why it matters

This case represents a significant judicial rebuke of the Trump administration's immigration enforcement practices, establishing that immigration detention cannot be used punitively or indefinitely without proper legal authority. The ruling reinforces that court-ordered protections from deportation must be respected and that detention must serve a legitimate removal purpose. The case highlights tensions between judicial oversight and executive immigration enforcement powers.

What's next

Abrego Garcia must follow the conditions of his release from jail in Tennessee and cannot be removed from the country per the judge's order.

Read full article from source: BBC