Judge bars ICE from re‑detaining Kilmar Abrego Garcia without a hearing
A federal judge, Paula Xinis, issued a temporary restraining order on Dec. 12, 2025, blocking ICE from re‑detaining Kilmar Abrego Garcia without a court hearing after finding no final removal order authorized his deportation and faulting the government for misleading the tribunal. Abrego Garcia was released from the Moshannon Valley Processing Center, returned to Maryland and was ordered to check in at a Baltimore ICE office roughly 14 hours later (where ICE briefly sought to detain him), he remains subject to conditions tied to separate Tennessee smuggling charges, and the White House says it will appeal.
📌 Key Facts
- Federal Judge Paula Xinis issued a temporary restraining order on Dec. 12, 2025, barring ICE from re‑detaining Kilmar Abrego Garcia without a court hearing.
- Xinis found the administration lacked a “final removal order” authorizing his deportation and wrote that the government “affirmatively misled the tribunal.”
- The judge concluded ICE’s conduct showed detention was not for the basic purpose of effectuating removal and said Abrego Garcia is likely to succeed on the merits of further relief, stressing the need to maintain public faith in the orderly administration of justice.
- The order noted he had been “re‑detained, again without lawful authority.”
- Abrego Garcia had been in ICE custody since August; ICE released him from the Moshannon Valley Processing Center in Philipsburg, Pennsylvania, and he returned home to Maryland.
- He was required to check in at the Baltimore ICE field office roughly 14 hours after his release; the TRO was issued as he appeared for that appointment and he left after a brief visit.
- The government attempted to deport him to unspecified African countries without explaining the reasoning, despite his stated willingness to depart to Costa Rica.
- Abrego Garcia remains subject to release conditions tied to separate human‑smuggling charges in Tennessee; his lawyers called the rulings an “extraordinary victory” and a “victory of law over power,” and the White House says it will appeal.
📊 Relevant Data
In 2024, El Salvador had a homicide rate of 1.9 per 100,000 people, a record low attributed to President Nayib Bukele's crackdown on gangs.
El Salvador closes 2024 with a record low number of homicides — AP News
There were 115 deaths in Salvadoran prisons since the state of exception began in March 2022, with complaints of torture and mistreatment by security forces.
2024 Country Reports on Human Rights Practices: El Salvador — U.S. Department of State
The Salvadoran-origin population in the United States increased 250% from 710,000 in 2000 to 2.5 million in 2021.
Facts on Hispanics of Salvadoran origin in the United States, 2021 — Pew Research Center
In 2023, there were 139,063 Salvadoran immigrants in Maryland, representing 13.2% of the state's foreign-born population and 2.2% of the total state population.
State Demographics Data - MD — Migration Policy Institute
The overall asylum grant rate in US immigration courts declined to 35.8% as of October 2024.
Asylum Grant Rates Decline by a Third — TRAC Reports
📰 Sources (6)
- 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.