Federal judge in Maryland orders Abrego Garcia's immediate release from ICE custody [View all]

Source: CBS News

Updated on: December 11, 2025 / 10:36 AM EST


Washington — A Maryland judge on Thursday ordered the release of Kilmar Abrego Garcia, a Salvadoran national who was mistakenly deported to his home country earlier this year, from immigration custody.

The decision from U.S. District Judge Paula Xinis is a significant victory for Abrego Garcia, whose immigration case became a major flashpoint in President Trump's mass-deportation campaign when he was removed to El Salvador earlier this year.

"Because respondents have no statutory authority to remove Abrego Garcia to a third country absent a removal order, his removal cannot be considered reasonably foreseeable, imminent, or consistent with due process," Xinis wrote in Thursday's order. "Although respondents may eventually get it right, they have not as of today. Thus, Abrego Garcia's detention for the stated purpose of third country removal cannot continue. Respondents' conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer."

The Trump administration has been attempting to re-deport Abrego Garcia to the African nations of Uganda, Eswatini or Ghana, but the countries have not agreed to accept him.But the administration informed the court in October that Liberia had agreed to take Abrego Garcia and would seek to deport him.


Read more: https://www.cbsnews.com/news/kilmar-abrego-garcia-immediate-release-ice-custody/