Archive · 12 Dec 2025
Judge Orders Release of Wrongfully Deported Migrant
Kilmar Ábrego García is a man from El Salvador who has lived in Maryland for many years.
He has an American wife and a child.
A few years ago, a judge said he couldn't be sent back to El Salvador because a gang there threatened his family.
But this year, he was mistakenly sent to El Salvador and put in prison.
The US Supreme Court ordered him to be brought back, and he returned in June.
Since then, immigration officials tried to send him to other countries, but a judge stopped them.
Now, another judge says he should be freed from detention because the government doesn't have a good reason to keep him.
The government is upset and says they will fight this decision.
A federal judge ordered the release of Kilmar Ábrego García from ICE detention, stating that ICE had no lawful authority to hold him.
Ábrego García was wrongfully deported to El Salvador in March 2025 despite a 2019 ruling that he could not be deported there due to gang threats.
After his return to the US in June 2025, ICE attempted to deport him to African nations, which was blocked by a Maryland judge.
Ábrego García's lawyers argue that the government's actions are retaliatory and violate due process.
The Department of Homeland Security criticized the judge's order, calling it 'naked judicial activism' and vowed to oppose it.
- Who
- Kilmar Ábrego García, a Salvadoran national living in Maryland with an American wife and child
- What
- A federal judge ordered his release from ICE detention after he was wrongfully deported and then re-detained
- When
- Ordered released on December 11, 2025, after being wrongfully deported on March 15, 2025, and returned on June 6, 2025
- Where
- Maryland, USA
- Why
- The judge ruled that ICE had no lawful authority to continue holding him after his wrongful deportation and subsequent re-detention
Immigration Rights Advocates
Department of Homeland Security
Authority to Detain
Immigration Rights Advocates
ICE had no lawful authority to detain Ábrego García after his wrongful deportation and return.
Department of Homeland Security
The judge's decision is 'naked judicial activism' and the DHS plans to appeal.
Deportation Attempts
Immigration Rights Advocates
The government's attempts to deport Ábrego García to various countries are retaliatory and violate due process.
Department of Homeland Security
The government argues that Ábrego García should be deported to countries like Liberia, which have provided assurances of no persecution.
- Name
- Kilmar Ábrego García
- Nationality
- Salvadoran
- Residence
- Maryland, USA
- Family
- American wife and child
- Initial Deportation Date
- March 15, 2025
- Return to US
- June 6, 2025
- Current Legal Status
- Ordered released from ICE detention
- Ongoing Legal Battles
- 3 separate cases (civil, criminal, immigration)
Sources
US Judge orders Abrego Garcia’s immediate release from ICE detention
Who is Kilmar Abrego Garcia? The migrant wrongfully deported, re-detained — now ordered freed by a federal judge
Judge orders ICE to 'immediately' release wrongfully deported Kilmar Abrego Garcia
Who is Judge Paula Xinis, Who Ordered Release of Kilmar Abrego Garcia from ICE Custody?
Kilmar Ábrego García freed from ICE facility after a federal court ordered his immediate release
Kilmar Abrego Garcia, Man Wrongly Deported To El Salvador, Freed
Who is Kilmar Ábrego García, the man ‘mistakenly’ deported by US, now freed?
Judge blocks new effort to detain Kilmar Abrego
US judge prohibits immigration officials from detaining Kilmar Abrego Garcia
Abrego Garcia vs Trump: How a migrant became symbol of resistance against Trump administration’s crackdown on immigrants
