• Judge says DOJ attorneys “misled” the court during November hearing on detention status
• Administration had sought to deport him to African nations including Uganda, Liberia, and Eswatini
• Ruling marks latest chapter in monthslong legal battle that reached the Supreme Court

GREENBELT, MD (TDR) — A federal judge has ordered Abrego Garcia released from Immigration and Customs Enforcement custody immediately, delivering a significant blow to the Trump administration’s efforts to remove the Salvadoran immigrant whose wrongful deportation sparked a constitutional crisis earlier this year.

Judge Finds Detention Unlawful

U.S. District Judge Paula Xinis issued the order Thursday, declaring that ICE had held Kilmar Abrego Garcia without legal authority since his return from El Salvador.

“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis wrote in her ruling. The judge also accused DOJ attorneys of misleading the court during a November hearing.

“Because respondents have no statutory authority to remove Abrego Garcia to a third country absent a removal order, his removal cannot be considered reasonably foreseeable, imminent, or consistent with due process.”

Freedom-Loving Beachwear by Red Beach Nation - Save 10% With Code RVM10

Officials must notify his attorney before releasing him and provide the court a status update by 5 p.m. Thursday.

A Saga of Wrongful Deportation

Abrego Garcia’s case became a flashpoint in Trump’s deportation campaign when he was removed to El Salvador’s notorious CECOT mega-prison in March despite a 2019 court order barring his deportation there due to fear of gang persecution.

CLICK HERE TO READ MORE FROM THE THE DUPREE REPORT

Government lawyers ultimately conceded the removal was an “administrative error.” A series of federal judges, and a unanimous Supreme Court, ordered officials to “facilitate” his return after what the high court called his “illegal” arrest.

Yet the administration spent weeks fighting those directives while publicly insisting he would never set foot in the United States again. President Donald Trump and Salvadoran President Nayib Bukele both declared during an Oval Office meeting that Abrego Garcia would not return.

Criminal Charges and Re-Arrest

Abrego Garcia was abruptly brought back to the U.S. in June, only to face new federal charges alleging he illegally transported other immigrants. He pleaded not guilty and asked the court to dismiss the case, arguing the charges amounted to selective prosecution.

A Tennessee judge ruled he could be released pending his January trial. But days later, ICE seized him again during a routine check-in at the Baltimore field office, reigniting the legal tug-of-war over whether he could remain in the country.

The administration had been attempting to deport him to Uganda, Eswatini, Ghana, or Liberia rather than El Salvador, though none had agreed to accept him until Liberia recently signaled openness.

What Happens Next

Abrego Garcia, who has lived in Maryland with his American wife and children since 2011, will return to supervised release under ICE’s Baltimore field office. His criminal trial remains scheduled for January.

Simon Sandoval-Moshenberg, Abrego Garcia’s attorney, called Thursday’s ruling “a powerful rebuke of the government’s lawless conduct.”

Will the administration appeal, or has the legal battle over Abrego Garcia finally reached its end?

Freedom-Loving Beachwear by Red Beach Nation - Save 10% With Code RVM10