Kilmar Abrego Garcia, the Maryland resident whose wrongful deportation to El Salvador turned him into a symbol of the Trump administration’s aggressive immigration tactics, has been released from federal custody after a scathing court order demanded his immediate freedom.
The 31-year-old husband and father walked out of the Moshannon Valley Processing Center in Pennsylvania late Thursday afternoon — just hours after U.S. District Judge Paula Xinis ruled that Immigration and Customs Enforcement had “no legal basis” to detain him following his court-ordered return to the United States.
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, confirmed the release around 5 p.m. on Thursday, December 11, 2025, and told the Associated Press that his client is heading back to Maryland, where his American wife and child live.
“We’re prepared for anything next,” he said. “The government still has plenty of tools in their toolbox… We’ll be there to fight for a fair trial.”
A Sharp Rebuke From the Bench
Judge Xinis’ Thursday ruling was unusually blistering. She accused federal authorities not only of ignoring court directives but of actively misleading the court about their efforts to deport Abrego Garcia to multiple countries.
“They did not just stonewall,” she wrote. “They affirmatively misled the tribunal.”
According to the decision, ICE tried to send him to a succession of African nations — none of which had agreed to accept him — while also falsely claiming that Costa Rica had withdrawn its offer to receive him. Documents later showed Costa Rica had never wavered.
Xinis rejected the government’s claim that she lacked jurisdiction because no valid final removal order appeared to exist.
A Case That Became a Flashpoint
Abrego Garcia first came to the United States illegally as a teenager. In 2019, an immigration judge ruled he could not be removed to El Salvador because his family had been targeted by gang violence. But in March, he was deported anyway — mistakenly — and sent directly into one of the country’s most feared prisons.
His case quickly became a rallying point for human rights advocates and critics of Trump-era immigration policies. A federal court later ordered his return to the U.S., but ICE detained him again upon arrival, prompting the latest legal showdown.
DHS Pushes Back
The Department of Homeland Security sharply condemned Judge Xinis’ ruling.
Assistant Secretary Tricia McLaughlin called the order “naked judicial activism” and vowed to appeal.
“This order lacks any valid legal basis, and we will continue to fight this tooth and nail,” she said.
Sandoval-Moshenberg rejected that view, arguing the ruling simply reaffirmed that the government cannot detain someone indefinitely without lawful authority.
“He has endured more than anyone should ever have to,” the attorney said.
Additional Legal Baggage
Beyond immigration court, Abrego Garcia faces a separate criminal case in Tennessee, where he has pleaded not guilty to human smuggling. His attorneys there argue the prosecution is vindictive — retaliation for embarrassing the government during his wrongful deportation fight.
A federal judge in that case has already noted “cause for concern,” citing statements from senior Trump administration officials that appeared to suggest Abrego Garcia was charged because he successfully fought his removal.
The judge has ordered an evidentiary hearing.
What Comes Next
Abrego Garcia is now seeking to reopen his immigration case to apply for asylum in the U.S. His legal team expects ICE to continue pursuing removal — a fight that could stretch for months.
For now, the man who spent months shuttled between detention centers, foreign prisons, and international limbo is finally headed home.
Even if it may only be temporary.
