Judge Blocks Detention
Kilmar Abrego Garcia will spend Christmas with his family after a year in custody. U.S. District Judge Paula Xinis of Maryland ordered government attorneys to file a brief by Dec. 26 explaining whether they plan to return him to immigration custody and under what legal authority. His attorneys must respond by Dec. 30.
Meanwhile, a temporary restraining order prevents Immigration and Customs Enforcement (ICE) from detaining him.
“This decision means Kilmar gets to sleep in his own bed in the coming days, without the fear of being separated from his family and community in the middle of the night,” said Lydia Walther-Rodriguez, an organizer with CASA.
A High-Profile Immigration Case
Abrego Garcia’s case has drawn national attention. He fights to remain in the U.S. after a mistaken deportation to El Salvador, where authorities imprisoned him. Members of the Trump administration accused him of gang affiliation with MS-13, which he strongly denies. Importantly, he has no criminal record.
Family and Background
Abrego Garcia has an American wife and child and has lived in Maryland for years. He entered the U.S. illegally as a teenager. In 2019, an immigration judge protected him from deportation after determining that gangs in his home country targeted his family. Despite that ruling, officials mistakenly deported him to El Salvador in March.
Struggles After Returning to the U.S.
Public pressure and a court order brought him back to the U.S. in June. However, the administration immediately issued an arrest warrant on human smuggling charges in Tennessee. He pleaded not guilty and asked the court to dismiss the charges.
He spent two months in a Tennessee jail before release to await trial in Maryland with his family. Unfortunately, ICE detained him again shortly after. The Trump administration continues to argue that he cannot remain in the U.S.
Deportation Threats and Court Findings
Over recent months, government attorneys threatened to deport him to Uganda, Eswatini, Ghana, and, most recently, Liberia. However, they made no effort to send him to Costa Rica, the country he agreed to go to. Judge Xinis even accused the government of misleading her by falsely claiming Costa Rica refused him.
On Dec. 11, Xinis ordered his release from ICE custody. She concluded that the government had no viable plan to deport him and could not detain him indefinitely. Consequently, Abrego Garcia can remain home with his family for Christmas.
