A U.S. judge has ruled for the immediate release of Kilmar Ábrego García, whose deportation mistake was a focal point in President Donald Trump’s immigration enforcement. The government did not have a formal order for his removal from the country. Ábrego García was let go from an Immigration and Customs Enforcement (ICE) facility in Pennsylvania following the decision. U.S. District Judge Paula Xinis’s order allows Ábrego García to temporarily return to his Maryland home, despite previous assertions from Trump administration officials that he would not be free in the U.S. again.
The situation unfolded when Ábrego García was erroneously deported to El Salvador in March and then brought back to the U.S. in June to face charges related to human smuggling. His case has symbolized the Trump administration’s strict immigration policies, with officials characterizing him as a public safety threat. Critics have accused the administration of disregarding legal rights in its efforts to deport millions residing unlawfully in the United States.
Ábrego García, aged 30, has been in immigration detention since August, following his arrest by immigration authorities right after his release in a criminal case. The White House has announced plans to appeal the judge’s ruling. Meanwhile, another attorney for Ábrego García commended the decision for upholding due process and the rule of law, stating it was a victory for everyone.
Judge Xinis found that Ábrego García was entitled to release because there was no formal deportation order issued by an immigration judge in 2019. Without a proper order, the Trump administration lacked a legal basis to detain and remove him, leading to his release. This marks another legal win for Ábrego García against the Trump administration, with previous court orders facilitating his return from El Salvador and rejecting efforts to keep him in criminal custody.
Ábrego García’s lawyers argued for his release from immigration detention, contending that his continued confinement was punitive rather than preparatory for deportation. The Trump administration aimed to deport him again, exploring various destinations before Liberia agreed to accept him temporarily for humanitarian reasons. Ábrego García’s legal team has proposed his deportation to Costa Rica, a country that previously offered him refugee status, but negotiations are ongoing.
An immigrant worker in the U.S., Ábrego García lived in Maryland with his family before being arrested and sent to a harsh Salvadoran prison by ICE. He has pleaded not guilty to charges related to aiding in the transportation of undocumented migrants and remains subject to release conditions, including home detention and electronic monitoring.
