Annunciation shooting: Judge again bars ICE from detaining Kilmar Abrego Garcia, keeping him free pending further hearings
U.S. District Judge Paula Xinis issued a temporary restraining order barring ICE from detaining Kilmar Abrego Garcia, finding officials lacked legal authority to re‑detain him and had “affirmatively misled” the court; ICE released him from the Moshannon Valley facility and he returned to Maryland, where he was ordered to check in with immigration officials about 14 hours after release. The order — along with a prior immigration-judge release — keeps him free pending further proceedings (including upcoming hearings and a joint status report due Dec. 18), allowing him to remain with his family through the holidays while litigation over removal and related matters continues.
📌 Key Facts
- Kilmar Abrego Garcia — who was mistakenly deported earlier this year — has been fighting simultaneous federal criminal and immigration proceedings tied to the Aug. 27 Annunciation Church mass shooting aftermath.
- U.S. District Judge Paula Xinis ordered Abrego Garcia’s immediate release from ICE custody on Dec. 11, 2025, and issued a temporary restraining order barring ICE from detaining him at a scheduled check‑in; ICE released him from the Moshannon Valley facility and he returned to Maryland with supporters (including Rep. Glenn Ivey) present.
- Judge Xinis found federal officials lacked legal authority to re‑detain Abrego Garcia, wrote they had “affirmatively misled” the court, and noted there was no final removal order in the record — facts the court cited in blocking his re‑detention.
- The release order included procedural requirements: ICE must notify Abrego Garcia’s attorney before any release, update the court on his release status by the court’s deadline, Pretrial Services will coordinate release conditions with defense counsel, and the parties were ordered to file a joint status report (initially due Dec. 18, 2025).
- Abrego Garcia was ordered to check in with immigration officials roughly 14 hours after his release, but the court’s restraining order prohibited ICE from detaining him at that check‑in; as a result, he remained free and able to spend the holidays with his family under the existing federal court order.
- The Trump administration is actively disputing and seeking to overturn the immigration judge’s release order — asking courts to keep him detained and moving to lift the existing injunction that blocks removal.
- Separately, federal criminal hearings related to Abrego Garcia’s alleged involvement in smuggling (motions to dismiss and to suppress evidence) were rescheduled before Judge Waverly Crenshaw in Nashville (Dec. 8–9, 2025); Crenshaw previously flagged “some evidence” of prosecutorial vindictiveness and cited public statements by senior Justice Department officials (including Deputy AG Todd Blanche), and the parties are litigating whether senior DOJ witnesses can be compelled to testify or produce documents.
- Court proceedings have also included judicial admonitions about public comments from administration officials — a Tennessee federal judge warned Trump administration officials in late October about statements concerning Abrego Garcia — underscoring tensions between litigation, public messaging, and the executive branch’s removal efforts.
- ICE has indicated plans to remove Abrego Garcia to third countries (most recently naming Liberia; earlier notices mentioned Uganda, Eswatini and Ghana) while saying Costa Rica is "not an option at the moment," but those removal efforts are constrained by the existing court orders and ongoing litigation.
📊 Relevant Data
In 2024, the foreign-born population in the United States reached a record high of 51.4 million, accounting for 15.5 percent of the total U.S. population.
The Foreign-Born Share and Number at Record Highs in February 2024 — Center for Immigration Studies
Immigrants in the United States commit crimes at lower rates than the U.S.-born population, according to a significant body of research at national, state, and local levels.
Explainer: Immigrants and Crime in the United States — Migration Policy Institute
Undocumented immigrants in Texas had substantially lower crime rates than legal immigrants and native-born citizens over the period from 2012 to 2018, with undocumented immigrants having 45% fewer felony arrests per capita than native-born citizens.
Comparing crime rates between undocumented immigrants, legal immigrants, and native-born US citizens in Texas — Proceedings of the National Academy of Sciences
As of 2023, 16.1% of Maryland residents were born outside the country, with the foreign-born population numbering approximately 992,000 people.
Maryland - Data USA — Data USA
Migration from El Salvador to the United States is driven by high levels of crime and violence, poverty, and natural disasters, with many seeking asylum or unauthorized entry.
El Salvador | migrationpolicy.org — Migration Policy Institute
Immigration does not increase crime rates in the United States, and many studies from 2015-2024 suggest that immigrants are less likely to commit crimes than native-born individuals.
Immigration and Crime — American Immigration Council
The shooter in the Annunciation Catholic Church mass shooting on August 27, 2025, was Robin Westman, a native-born U.S. citizen who was found dead at the scene.
Minneapolis church shooting search warrants reveal new details, evidence in attack that killed 2 — NBC News
📰 Source Timeline (17)
Follow how coverage of this story developed over time
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