Judge bars ICE from re‑detaining Kilmar Abrego Garcia without a hearing
Federal Judge Paula Xinis found there was no final removal order authorizing Kilmar Abrego Garcia’s deportation, ordered his release from ICE custody and on Dec. 12, 2025 issued a temporary restraining order blocking ICE from re‑detaining him without a hearing, saying the agency had “re‑detained, again without lawful authority.” Abrego Garcia — who had been held since August at the ICE Moshannon Valley Processing Center and was briefly at a Baltimore check‑in after his release — remains subject to release conditions tied to separate Tennessee human‑smuggling charges; his lawyers called the ruling a due‑process victory, while the White House said it will appeal amid reports the government tried to deport him to unspecified African countries despite his willingness to go to Costa Rica.
📌 Key Facts
- On Dec. 12, 2025, U.S. District Judge Paula Xinis issued a temporary restraining order barring ICE from re‑detaining Kilmar Abrego Garcia without a court hearing.
- Xinis found there was no "final removal order" authorizing his deportation and wrote ICE’s conduct showed detention was not for the basic purpose of effectuating removal, saying Abrego Garcia is likely to succeed on the merits and emphasizing the need to maintain public faith in the orderly administration of justice.
- Following Xinis’s order, Abrego Garcia was released from ICE custody; his lawyer confirmed the release and reporting says he had been held since August at the ICE Moshannon Valley Processing Center in Philipsburg, Pennsylvania.
- The court highlighted that he had been "re‑detained, again without lawful authority," and the White House said it will appeal the judge’s decision.
- The TRO was issued after 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.
- Reports say ICE attempted to deport him to unspecified African countries without explaining the reasoning, even though Abrego Garcia had stated he was willing to depart to Costa Rica.
- He remains subject to release conditions tied to separate human‑smuggling charges in Tennessee.
- Abrego Garcia’s lawyers called the ruling an "extraordinary victory" for due process (attorney Simon Sandoval‑Moshenberg called it a "victory of law over power"), Abrego Garcia briefly addressed supporters after his release, and the case drew congressional attention as lawmakers questioned DHS Secretary Kristi Noem about compliance with court orders.
📊 Relevant Data
In fiscal years 2021-2024, an average of 6,600 Salvadorans were deported from U.S. interior arrests annually, representing about 15% of all such deportations, while Salvadorans constitute approximately 5% of the U.S. immigrant population (2.5 million out of 47.8 million).
Explainer: ICE Arrests and Deportations from the U.S. Interior — Migration Policy Institute
In fiscal year 2024, the asylum grant rate for Salvadorans in U.S. immigration courts was 37.3%, with 1,883 grants out of 5,042 decisions.
Asylum Grant Rates Decline by a Third — TRAC Immigration
El Salvador is the most common country of birth for foreign-born residents of Maryland, with 130,412 Salvadoran immigrants in 2023, representing about 2% of the state's population.
Maryland - Data USA — Data USA
📰 Sources (5)
- 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.
- 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.