A U.S. judge has ordered the immediate release of Kilmar Ábrego García, whose deportation error was a focal point in President Donald Trump’s immigration enforcement, ruling that the government lacked a formal removal order for him. Ábrego García was freed from an Immigration and Customs Enforcement (ICE) facility in Pennsylvania on the same day, as confirmed by his attorney, Simon Sandoval-Moshenberg. The ruling by U.S. District Judge Paula Xinis in Maryland permits Ábrego García to temporarily return home in Maryland, despite previous assertions by Trump administration officials that he would not be released in the U.S.
The ordeal began when Ábrego García was mistakenly deported to El Salvador in March, then brought back to the U.S. in June to face human smuggling charges. His case has symbolized the aggressive immigration crackdown under the Trump administration, with officials labeling Ábrego García a public safety threat. Critics have accused the administration of disregarding legal rights in its efforts to deport millions of undocumented individuals in the country.
White House spokesperson Karoline Leavitt stated that the Trump administration intends to appeal the decision to release Ábrego García. Another attorney for Ábrego García commended the ruling for upholding due process and the rule of law, stating that it is a triumph not only for him but for all. Judge Xinis ruled in Ábrego García’s favor, citing the absence of a formal deportation order in 2019 when an immigration judge prohibited his removal to El Salvador due to gang-related persecution risks.
The decision marks another legal win for Ábrego García against the Trump administration. The U.S. Supreme Court had previously ordered his return from El Salvador, and federal judges in Tennessee had denied requests to keep him in criminal custody for trial. Ábrego García’s legal team urged Xinis to order his release from immigration detention, arguing that his continued confinement was punitive rather than preparatory for deportation. The Trump administration is still pursuing a second deportation of Ábrego García, exploring various destinations before settling on Liberia temporarily for humanitarian reasons.
Ábrego García’s lawyers have proposed his deportation to Costa Rica, where he was granted refugee status previously. However, the Trump administration has not agreed to this, citing ongoing negotiations without specifying reasons. Ábrego García, a sheet metal worker who entered the U.S. unlawfully, lived in Maryland with his family before being detained by ICE and sent to a severe Salvadoran prison.
Despite pleading not guilty to charges of aiding the transport of undocumented migrants, Ábrego García faces conditions of home detention and electronic monitoring as part of his criminal case.
