Judge cites lack of removal order, frees Abrego Garcia; blocks ICE re‑detention
A federal judge, Paula Xinis, found there was no final removal order authorizing Kilmar Abrego Garcia’s deportation and ordered his release from ICE custody at the Moshannon Valley Processing Center while issuing a temporary restraining order preventing ICE from re‑detaining him without a hearing, saying the government had “affirmatively misled the tribunal.” The ruling — which noted officials had proposed deporting him to various African countries despite his willingness to depart to Costa Rica and follows his earlier mistaken deportation to El Salvador and return after Supreme Court involvement — leaves him free under conditions tied to separate Tennessee human‑smuggling charges while the Justice Department plans to appeal.
📌 Key Facts
- U.S. District Judge Paula Xinis ruled that there was no final removal order authorizing Kilmar Abrego Garcia’s deportation, finding the 2019 immigration judge never issued an initial removal order and rejecting the Justice Department’s argument that one could be inferred; she said the government “affirmatively misled the tribunal.”
- On Dec. 12, 2025 Xinis issued a temporary restraining order blocking ICE from re‑detaining Abrego Garcia without a court hearing, writing that he had been “re‑detained, again without lawful authority,” that ICE’s conduct suggested detention was not for effectuating removal, and that he is likely to succeed on the merits of further relief.
- Abrego Garcia was mistakenly deported to El Salvador in March, imprisoned there, returned to the U.S. after Supreme Court involvement in June, and was later re‑arrested at a Baltimore ICE check‑in following a brief release tied to separate Tennessee human‑smuggling charges; he had been in ICE custody since August.
- ICE released Abrego Garcia from the Moshannon Valley Processing Center in Philipsburg, Pennsylvania (just before 5 p.m.), his lawyer confirmed the release, he returned home to Maryland, and he was scheduled to check in at the Baltimore ICE field office less than 14 hours later — an appointment after which he briefly exited and the TRO was issued.
- Officials proposed deporting him to multiple African countries (Uganda, Eswatini, Ghana and Liberia) after El Salvador was ruled off‑limits by his prior protection order, and the government attempted to deport him to unspecified African countries despite his stated willingness to depart to Costa Rica.
- The White House said it will appeal Judge Xinis’s decision; Abrego Garcia’s lawyers hailed the orders as an “extraordinary victory” or a “victory of law over power,” and Abrego Garcia briefly addressed supporters after his release.
- Abrego Garcia remains subject to release conditions tied to the separate Tennessee human‑smuggling charges.
📊 Relevant Data
In FY 2024, the asylum grant rate for nationals of El Salvador in US immigration courts was 37.3%, with 1,883 grants out of 5,042 decisions, compared to the overall rate of 35.8%.
Asylum Grant Rates Decline by a Third — Transactional Records Access Clearinghouse (TRAC)
The Hispanic population in Maryland increased by almost 14% since 2020, making up approximately 13.52% of the state's total population of about 6.2 million as of recent estimates.
Maryland aging slightly faster than U.S. as a whole, new Census numbers show — Maryland Matters
Salvadorans seek asylum in the US due to gang-related violence, including gender-based violence and forced recruitment, food insecurity, increasing poverty, and climate change impacts, despite reduced homicide rates.
📰 Sources (7)
- Judge Xinis ruled the 2019 immigration judge never issued the initial removal order; without a final removal order Abrego Garcia cannot be deported.
- The Justice Department argued a removal order could be inferred, but Xinis rejected that argument.
- Officials alternately proposed deporting him to Uganda, Eswatini, Ghana and Liberia after El Salvador was barred by his prior protection order.
- Background specifics: he was mistakenly deported to El Salvador in March, imprisoned there, returned after Supreme Court involvement in June, then re‑arrested at a Baltimore ICE check‑in following a brief release tied to separate Tennessee charges.
- Judge Paula Xinis issued a temporary restraining order on Dec. 12, 2025 blocking ICE from re‑detaining Kilmar Abrego Garcia without a court hearing.
- The TRO was issued as Abrego Garcia appeared for a check‑in at a Baltimore ICE field office roughly 14 hours after his release; he exited after a brief appointment.
- Xinis wrote Abrego Garcia is likely to succeed on the merits of further relief and emphasized maintaining public faith in the orderly administration of justice.
- Attorney Simon Sandoval‑Moshenberg called the orders a 'victory of law over power'; Abrego Garcia briefly addressed supporters.
- 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.
- ICE released Kilmar Abrego Garcia just before 5 p.m. Thursday from the Moshannon Valley Processing Center.
- He is scheduled to check in at the ICE field office in Baltimore on Friday morning, less than 14 hours after his release.
- He returned home to Maryland a few hours after being freed.
- Judge Paula Xinis stated in her order that the government 'affirmatively misled the tribunal.'
- 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.