Abrego Garcia released after judge rules no final removal order
Federal Judge Paula Xinis found there was no “final removal order” authorizing Kilmar Abrego Garcia’s deportation, concluding ICE attempted to deport him to unspecified African countries and “re-detained, again without lawful authority,” and ordered his release from the ICE Moshannon Valley Processing Center in Philipsburg, Pennsylvania, where he had been held since August — though he remains subject to release conditions tied to separate human-smuggling charges in Tennessee. The White House says it will appeal the ruling as lawmakers questioned DHS Secretary Kristi Noem, and Abrego Garcia’s lawyers called the decision an “extraordinary victory” for due process.
📌 Key Facts
- U.S. District Judge Paula Xinis found there was no "final removal order" authorizing Kilmar Abrego Garcia’s deportation and ordered his release.
- Xinis wrote that ICE’s conduct showed the detention was not for the basic purpose of effectuating removal and noted he was "re-detained, again without lawful authority."
- Abrego Garcia had been in ICE custody since August and was held at the ICE Moshannon Valley Processing Center in Philipsburg, Pennsylvania; his lawyer confirmed he has now been released.
- The government attempted to deport him to unspecified African countries without providing reasoning, despite Abrego Garcia’s stated willingness to depart to Costa Rica.
- He remains subject to release conditions tied to separate human-smuggling charges in Tennessee.
- The White House said it will appeal Judge Xinis’s decision.
- The ruling came as lawmakers were questioning DHS Secretary Kristi Noem about the department’s compliance with court orders during a House hearing.
- Abrego Garcia’s lawyers called the decision an "extraordinary victory" for due process.
📊 Relevant Data
In 2024, El Salvador had a homicide rate of 1.9 per 100,000 inhabitants.
Homicide rate in El Salvador 2024 — Statista
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
In fiscal year 2024, the most common criminal conviction among noncitizens arrested by U.S. Border Patrol was illegal entry or re-entry, with 10,935 cases.
Criminal Alien Statistics — U.S. Customs and Border Protection
📰 Sources (4)
- NPR reports the White House says it will appeal the judge’s decision releasing Kilmar Abrego Garcia.
- The ruling came as lawmakers questioned DHS Secretary Kristi Noem about compliance with court orders during a House hearing.
- Abrego Garcia’s lawyers called the decision an 'extraordinary victory' for due process.
- Kilmar Abrego Garcia has actually been released from ICE custody; his lawyer confirmed the release to Fox News.
- Release followed Judge Paula Xinis’s order finding the administration lacked a final removal order.
- Specific facility named: ICE Moshannon Valley Processing Center in Philipsburg, Pennsylvania.
- Order language highlighted that he was 're-detained, again without lawful authority.'
- Judge Paula Xinis found there was no 'final removal order' authorizing Abrego Garcia’s deportation.
- The government attempted to deport him to unspecified African countries without providing reasoning, despite his stated willingness to depart to Costa Rica.
- Xinis wrote that ICE’s conduct shows detention was not for the basic purpose of effectuating removal, supporting release.
- Abrego Garcia has been in ICE custody since August.
- He remains subject to release conditions tied to separate human smuggling charges in Tennessee.