Judge again blocks ICE from re-detaining Kilmar Abrego Garcia, keeps him free pending immigration case
U.S. District Judge Paula Xinis in Maryland issued a temporary restraining order barring ICE and DHS from re‑detaining Kilmar Abrego Garcia, finding the agencies lacked legal authority to pick him up after an immigration‑judge‑ordered release and accusing officials of affirmatively misleading the court; ICE released him from the Moshannon Valley facility and he returned to Maryland. The order keeps Abrego Garcia free pending ongoing immigration and criminal proceedings — including rescheduled federal hearings in Tennessee and disputes over potential removal destinations — while requiring routine check‑ins and court status reports as litigation continues.
📌 Key Facts
- A federal judge in Maryland (Judge Paula Xinis) has repeatedly blocked ICE from re‑detaining Kilmar Abrego Garcia, finding that ICE and DHS “lacked legal authority” to pick him up after an earlier immigration‑judge release and warning that any attempt to re‑detain him would violate the court’s orders.
- On Dec. 11–12, 2025 an immigration judge ordered Abrego Garcia’s immediate release and Judge Xinis issued a temporary restraining order preventing ICE from detaining him at a scheduled check‑in; ICE released him from the Moshannon Valley Processing Center and he returned to Maryland within hours, with an instruction to report to immigration officials about 14 hours after his release.
- The December orders required ICE to notify Abrego Garcia’s attorney before any release, directed Pretrial Services to coordinate with defense counsel on release conditions, and called for a joint status report from the parties (due Dec. 18, 2025); the government has since sought to challenge or lift those orders.
- Abrego Garcia had previously been mistakenly deported and is also facing federal smuggling charges tied to the aftermath of the Minneapolis Annunciation Church mass shooting; federal hearings on motions to dismiss and to suppress evidence were rescheduled to Dec. 8–9, 2025 before Judge Waverly Crenshaw in Nashville.
- Federal judges have expressed concern about government conduct in the case — including a Tennessee judge’s admonition to Trump administration officials about public statements and Judge Crenshaw’s finding that there was “some evidence” of vindictive prosecution tied to statements by senior Justice Department officials (including Deputy Attorney General Todd Blanche).
- ICE/DHS told courts they were seeking to remove Abrego Garcia to third countries at various times, naming Liberia (most recently) and earlier listing Uganda, Eswatini and Ghana; a government witness said Costa Rica was “not an option at the moment.”
- Because the court found no final removal order in the record and concluded the government had misled the court about its legal basis for re‑detention, the current procedural posture (as of late Dec. 2025 into Feb. 2026) keeps Abrego Garcia free from ICE custody pending the outcome of the remaining immigration and federal proceedings — allowing him to remain with his family through the holidays while litigation continues.
📊 Relevant Data
The foreign-born population in Maryland grew from approximately 890,000 in 2014 to 1.1 million in 2024, representing about 17% of the state's residents as of 2025.
In 2020, immigrants were 60 percent less likely to be incarcerated than the U.S.-born population.
Explainer: Immigrants and Crime in the United States — Migration Policy Institute
Undocumented immigrants had the lowest offending rates for total felony crime and violent felony crime compared to legal immigrants and native-born citizens in Texas from 2012 to 2018.
Undocumented Immigrant Offending Rate Lower Than U.S.-Born Citizen Rate in Texas — House.gov
At least 71,500 Salvadorans have been internally displaced by violence as of recent UN estimates.
Central American Migration: Root Causes and U.S. Policy — Congress.gov
The number of people detained by ICE surged 65 percent in 2025 to an all-time high of around 73,000 by mid-January 2026, with 92% of the growth driven by immigrants with no criminal records.
Chart: Number of ICE Detainees Surged 65% in 2025 — Statista
The mass shooting at Annunciation Catholic Church in Minneapolis on August 27, 2025, resulted in two children killed (ages 8 and 10) and 30 others injured, with the shooter, Robin Westman, using a rifle, shotgun, and pistol from outside the church.
Authorities increase count of injured in Annunciation shooting — MPR News
📰 Source Timeline (18)
Follow how coverage of this story developed over time
February 17, 2026
5:49 PM
Federal judge rules Kilmar Abrego Garcia can’t be re-detained by immigration authorities
New information:
- The latest order explicitly finds ICE and DHS "lacked legal authority" to re-detain Garcia after an earlier immigration‑judge release, and characterizes prior government representations to the court as affirmatively misleading.
- The judge reiterates that ICE must keep Garcia out of custody absent a new, lawful basis, reinforcing that any attempt to pick him up again would violate the TRO.
- The article firmed up timing details around his release from Moshannon Valley and his brief reporting obligation to immigration officials, confirming he returned to Maryland within hours of being freed.
December 23, 2025
5:31 PM
Kilmar Abrego Garcia, who was mistakenly deported, can spend Christmas with family
New information:
- Confirms that Kilmar Abrego Garcia, who had previously been mistakenly deported, will in fact be able to spend Christmas at home with his family under the existing federal court order barring ICE from detaining him.
- Clarifies that, despite ongoing federal disputes over his status and removal proceedings, the current legal posture keeps him with his family at least through the holidays.
- Provides human‑impact context on how the court’s earlier rulings (previously reported) translate into his holiday plans and family situation, without indicating any change in the underlying legal orders.
1:59 AM
Kilmar Abrego Garcia to remain free from immigration custody for now
New information:
- Confirms that, as of this latest order, Kilmar Abrego Garcia will remain free from ICE immigration custody and that prior attempts to re‑detain him remain blocked.
- Details the current procedural posture of the federal cases and clarifies which pending hearings and filings will next determine his status.
- Provides additional explanation of the judge’s reasoning about ICE’s limited legal authority to re‑detain Abrego Garcia under existing orders, beyond what was in earlier coverage.
December 12, 2025
1:19 PM
Judge issues temporary order blocking ICE from detaining Kilmar Abrego Garcia
New information:
- U.S. District Judge Paula Xinis (Maryland) issued a temporary restraining order prohibiting ICE from detaining Kilmar Abrego Garcia at his scheduled check-in.
- ICE released Abrego Garcia from the Moshannon Valley Processing Center in Pennsylvania shortly before the court’s deadline; he returned home to Maryland.
- Judge Xinis wrote that federal officials had no legal basis to detain him upon return and "affirmatively misled" the court; she also found no final removal order had been filed.
- Abrego Garcia appeared for a Baltimore ICE check-in Friday morning, with supporters and Rep. Glenn Ivey present.
1:02 PM
Abrego Garcia won release from detention. He must check in with immigration officials 14 hours later
New information:
- Kilmar Abrego Garcia was released from immigration detention.
- He was ordered to check in with immigration officials roughly 14 hours after his release.
December 11, 2025
11:27 PM
Kilmar Abrego Garcia heading back to Maryland after judge orders his release from ICE custody
New information:
- A federal judge in Maryland (Judge Paula Xinis) ordered Kilmar Abrego Garcia’s immediate release from ICE custody on Thursday.
- The order requires ICE to notify Abrego Garcia’s attorney before release and to update the court on his release status by 5 p.m. Thursday.
- Pretrial Services is to coordinate with defense counsel on release conditions.
- All parties must file a joint status report by December 18.
- Context noted that ICE had signaled plans to remove him to a third country; the court found his re‑detention lacked lawful authority.
4:06 PM
Trump administration disputes court order for release of Abrego Garcia from ICE custody
New information:
- The Trump administration is disputing an immigration judge’s order directing the release of Kilmar Abrego Garcia from ICE custody.
- The challenge seeks to keep Abrego Garcia detained despite the prior release order.
3:56 PM
Judge orders Kilmar Abrego Garcia to be immediately released from immigration detention
New information:
- An immigration judge ordered Kilmar Abrego Garcia to be immediately released from immigration detention on Dec. 11, 2025.
- This marks a significant change in Garcia’s immigration custody status following earlier reporting that he faced federal and immigration proceedings connected to the Annunciation Church mass shooting aftermath.
November 20, 2025
10:46 PM
Judge to rule on whether to release Kilmar Abrego Garcia from immigration custody
New information:
- A federal judge in Maryland (Paula Xinis) said she will rule as soon as possible on whether to release Kilmar Abrego Garcia from immigration custody.
- Judge Xinis noted there is no final order of removal in the record and suggested he likely should not be detained without one.
- ICE official John Cantu testified DHS now proposes deporting Abrego Garcia to Liberia; earlier notices included Uganda, Eswatini and Ghana.
- The government has not pursued deportation to Costa Rica despite prior indications it could accept him; Cantu said Costa Rica is 'not an option at the moment' without explaining why.
- An existing injunction from Judge Xinis currently prevents his immediate removal; the government has moved to lift that injunction.
November 03, 2025
3:17 PM
After mistaken deportation, Abrego Garcia fights smuggling charges. Here’s what to know
New information:
- Federal hearings on Kilmar Abrego Garcia’s motions to dismiss smuggling charges and suppress evidence are rescheduled to Dec. 8–9, 2025, before Judge Waverly Crenshaw in Nashville.
- Judge Crenshaw previously found “some evidence” the prosecution may be vindictive and cited statements by Deputy Attorney General Todd Blanche as cause for concern.
- The parties are disputing whether senior Justice Department officials, including Blanche, can be compelled to provide testimony or documents.
- A DHS agent testified he did not begin investigating the 2022 Tennessee traffic stop until after the U.S. Supreme Court ordered the administration to work to return Abrego Garcia to the U.S.
- Details of the 2022 stop: nine passengers were in the vehicle; Abrego Garcia was let go with a warning after a calm exchange; officers discussed suspected smuggling.
October 28, 2025
5:13 PM
A federal judge in Tennessee warns Trump officials over statements about Kilmar Abrego Garcia
New information:
- A federal judge in Tennessee warned Trump administration officials about their public statements regarding Kilmar Abrego Garcia.
- The admonition was issued on Oct. 28, 2025, in Tennessee federal court.
- The warning pertains to statements about Abrego Garcia, the suspect linked to the Minneapolis Annunciation Church mass shooting.
October 24, 2025
1:40 AM
Sophia Forchas leaves hospital two months after Annunciation shooting
New information:
- Victim Sophia Forchas has been discharged from the hospital roughly two months after the Aug. 27 Annunciation Church shooting.
- The article pinpoints the timing of her release (reported Oct. 23, 2025), marking a concrete recovery milestone.
October 23, 2025
5:50 PM
Annunciation shooting survivor Sophia Forchas released from hospital after 'miraculous recovery'
New information:
- Annunciation shooting survivor Sophia Forchas was released from Hennepin County Medical Center on Thursday, nearly two months after being shot in the head on Aug. 27.
- Doctors had previously warned she could become the third fatality; she underwent surgery that included removal of part of her skull and was placed in a medically induced coma.
- Forchas was able to walk and talk with supporters at discharge and is returning to school; community members greeted her with banners outside HCMC.
October 07, 2025
9:41 PM
Annunciation shooting: Victim count rises to 30
New information:
- Minneapolis police search warrant states total victim count is now 30 for the Aug. 27 shooting.
- Of the 30 victims, 2 were killed and 29 sustained injuries from gunfire; one additional victim had non-gunfire injuries.
- Breakdown: 3 adults and 26 juveniles were injured by gunfire; some additional shrapnel wounds were discovered after initial triage and some victims went to hospitals on their own.
October 03, 2025
2:52 AM
Annunciation shooting: Students' acts of kindness reach Pope Leo XIV
New information:
- Archbishop Bernard Hebda hand-delivered cards made by Annunciation students to Pope Leo XIV at the Vatican.
- Archbishop Hebda said the Pope promised his prayers for the families and the Archdiocese in a released statement.
- Auxiliary Bishop Kevin Kenney reported personally giving the Pope a 100th-Annunciation-anniversary button and provided on-air comments about the meeting.
October 02, 2025
11:00 PM
Annunciation shooting: Doctors in Minnesota call for gun ban, special session
New information:
- Minnesota Medical Association organized doctors — including clinicians who treated Annunciation victims — to demand a special legislative session on gun policy.
- Doctors laid out specific policy asks: statewide bans on assault-style weapons and high-capacity magazines; a statewide safe-storage requirement; and removal of the state prohibition that blocks localities from enacting stricter gun rules.
- Named quotes from Dr. Trish Vilsic and Dr. Lisa Matson describing the clinical harms seen and converting medical testimony into a public policy demand.
October 01, 2025
4:45 PM
Annunciation mass shooting: Lydia Kaiser returns to school after attack
New information:
- 12-year-old Lydia Kaiser has returned to school as of a Sept. 30 GoFundMe update reported Oct. 1, 2025.
- Medical detail: Kaiser underwent surgery that removed a piece of her skull to allow her brain to swell and will need ongoing care.
- Uvalde Foundation for Kids announced it will award Kaiser its National Student Heroism Award (statement from founder Daniel Chapin).
September 16, 2025