Abrego Garcia | File photo

 

A US judge has mandated the immediate release of Kilmar Abrego Garcia from immigration custody. The decision comes after his erroneous deportation in March and subsequent return to the US to face criminal charges. Judge Paula Xinis stated that his retention lacked lawful authority, allowing him to return temporarily to his home in Maryland.

 

Kilmar Abrego Garcia's saga highlights the recent immigration crackdowns. Deported to El Salvador in March despite a 2019 court order, his return in June saw him facing human smuggling charges in Tennessee, to which he pleaded not guilty. The US government had controversially linked him to the MS-13 gang, a claim he consistently denies.

 

This ruling prevents his deportation while adhering to his Tennessee release conditions. The government previously slated him for potential deportation to multiple countries, including Uganda and Costa Rica, but rejected Costa Rica’s offer to accept him. Judge Xinis' decision underscores the unlawfulness of indefinite immigration detention without a removal order.

 

Looking forward, Mr Abrego Garcia remains in Maryland, adhering to legal stipulations while his future is deliberated. The case continues to draw attention, especially related to immigration procedures and lawful detentions, reported the BBC.

 

 

Key Takeaways:

 

• Kilmar Abrego Garcia released due to unlawful detention claims.
• His deportation to El Salvador violated a 2019 court order.
• Government options for third-country removal remain unconfirmed.

Related Stories:

Judge Halts Deportation of Kilmar Abrego Garcia to Uganda

White House Defends Abrego Garcia Deportation, Calling Return "Out of the Question"

 

  Adapted by ASEAN Now from BBC 2025-12-12

 

 

 

And, really, when will it happen? And how much is the US paying El Salvador for each prisoner?

ICE will ignore this order, they are above the law.

50 minutes ago, Maybole said:

ICE will ignore this order, they are above the law.

You show your ignorance of current affairs. He's been released. This will of course be challenged as with all the orders issued by the activist judges. Apart from this he is awaiting trial. He will eventually be either locked up or deported.

Via AP Updated: Dec. 12, 2025 -- His lawsuit in federal court claims Trump’s Republican administration is illegally using the deportation process to punish Abrego Garcia over the embarrassment of his mistaken deportation to El Salvador.

 

In her order releasing Abrego Garcia, Xinis wrote that federal authorities “did not just stonewall” the court, “They affirmatively misled the tribunal.” The reference was made to the successive list of four African countries officials had sought to remove Abrego Garcia to and submitted affirmations that Costa Rica had rescinded its offer to accept him — later determined to be untrue.

 

“But Costa Rica had never wavered in its commitment to receive Abrego Garcia, just as Abrego Garcia never wavered in his commitment to resettle there,” the judge wrote.

 

https://www.oregonlive.com/business/2025/12/judge-orders-release-of-kilmar-abrego-garcia-detained-without-lawful-authority.html

Drat Donald is stymied again!!! staff hide the White House cutlery!!batten down the hatches a tweet storms a brewing!!!

32 minutes ago, Tug said:

Drat Donald is stymied again!!! staff hide the White House cutlery!!batten down the hatches a tweet storms a brewing!!!

Already from above: Activist judge

23 hours ago, unblocktheplanet said:

And, really, when will it happen? And how much is the US paying El Salvador for each prisoner?

Simple search reveals about 20k USD (approximately).

20 hours ago, jerrymahoney said:

His lawsuit in federal court claims Trump’s Republican administration is illegally using the deportation process to punish Abrego Garcia over the embarrassment of his mistaken deportation to El Salvador.

 

I wouldn't characterize it as "mistaken".  And the title is wrong, too.  It was deliberate. And it was a good idea.

 

But a lefty judge decided it was a better idea to have a guy with at least one deportation order, caught in the act of trafficking illegals and with a restraining order from his wife should be brought back to the USA and released into the public where he could put innocent Americans at risk, and beat up his wife some more.

 

4 hours ago, impulse said:

I wouldn't characterize it as "mistaken". 

The United States represents that the removal to El Salvador was the result of an “administrative error.” 

 

Supreme Court opinion on stay [April 10, 2025] 

 

Re the Tennessee charges:

 

A federal district judge said Kilmar Abrego Garcia can proceed with his claim that human smuggling charges filed against him in Tennessee were done in retaliation for successfully challenging his deportation in another court and should be dismissed.

 

U.S. District Judge Waverly D. Crenshaw Jr. of the Middle District of Tennessee ruled Friday that Abrego Garcia had shown a “reasonable likelihood of vindictiveness” in the filing of the human smuggling charges.

 

Crenshaw wrote that (Deputy Attorney General Todd)  Blanche “told the public on television on the day of Abrego’s arrest that the government started ‘investigating’ Abrego after ‘a judge in Maryland . . . questioned’ the government’s decision to deport Abrego, found that it ‘had no right to deport him,’ and ‘accus[ed] [the government] of doing something wrong.”

 

https://marylandmatters.org/2025/10/06/court-allows-abrego-garcias-claim-of-vindictive-prosecution-proceed/

 

 

10 hours ago, impulse said:

 

I wouldn't characterize it as "mistaken".  And the title is wrong, too.  It was deliberate. And it was a good idea.

 

But a lefty judge decided it was a better idea to have a guy with at least one deportation order, caught in the act of trafficking illegals and with a restraining order from his wife should be brought back to the USA and released into the public where he could put innocent Americans at risk, and beat up his wife some more.

 

This is a judge following the law. The law that the DoJ has admitted they violated.

Why only this guy ?!!! 🤔

Some kind of special treatment by lefties for a cartels relative. 

On 12/13/2025 at 9:39 AM, Tug said:

Drat Donald is stymied again!!! staff hide the White House cutlery!!batten down the hatches a tweet storms a brewing!!!

Don't forget to order lots more ketchup!

33 minutes ago, HappyExpat57 said:

Don't forget to order lots more ketchup!

Yes, it's about time for another fake assassination attempt.