Federal Judge Paula Xinis on Thursday ordered the immediate release of Kilmar Abrego Garcia from immigration custody, finding his continued detention lacked lawful basis after a contested chain of removals and re-detainments. Abrego Garcia, a Salvadoran who was deported in March to El Salvador’s CECOT mega-prison despite a 2019 court order barring such removal, was returned to the U.S. in June to face human smuggling charges in Tennessee and later re-detained by immigration authorities. In a 31-page habeas decision, Xinis said the government failed to show a valid removal order and directed officials to notify the court and Abrego Garcia of the precise time and place of his release no later than 5 p.m. ET today. The ruling follows competing diplomatic moves over potential countries of removal and public statements from both the government and foreign officials.
Key Takeaways
- Judge Paula Xinis granted habeas relief in a 31-page order, directing Abrego Garcia’s immediate release and requiring the government to provide release details to the court by 5 p.m. ET today.
- Abrego Garcia was deported in March to El Salvador’s CECOT mega-prison despite a 2019 court order that barred his removal to El Salvador over fear of persecution.
- The Trump administration previously alleged he was a member of MS-13; Abrego Garcia denies that allegation and has pleaded not guilty to human smuggling charges filed in Tennessee after his return in June.
- After being released to his brother pending trial, he was re-detained by ICE and is currently held at a Pennsylvania immigration detention facility.
- The government had sought to deport him to Liberia and informed the court it had assurances from Liberia; Costa Rica publicly offered residence and refugee status within 24 hours, a development the judge highlighted.
- Xinis found the pattern of notifications and selection of removal destinations inconsistent with the ‘basic purpose’ of detention to effectuate lawful removal.
- The Department of Homeland Security criticized the ruling on social media and said it will continue to challenge the order in court.
Background
Kilmar Abrego Garcia, a Salvadoran national who lived in Maryland with his wife and children, has been at the center of a multi-year legal and diplomatic dispute. A 2019 court order had blocked his deportation to El Salvador because of serious concerns that he would face persecution there; nonetheless, he was deported in March to El Salvador’s CECOT facility. The administration at the time characterized him as affiliated with MS-13, an allegation he has consistently denied in court filings and public statements.
In June, federal authorities brought Abrego Garcia back to the United States on human smuggling charges filed in Tennessee; he pleaded not guilty and was released to his brother as the criminal case proceeds. Immigration officials later re-detained him and transferred him to a detention facility in Pennsylvania, prompting a habeas petition challenging the lawfulness of that detention. The case has involved diplomatic outreach to several third countries proposed as places for removal.
Main Event
On Thursday Judge Xinis granted Abrego Garcia’s habeas petition and ordered his immediate release, concluding that the record did not show a lawful basis for ongoing detention. Xinis recounted the history of his March deportation to El Salvador, the subsequent return to the U.S. in June for criminal charges, the post-release re-detainment by immigration authorities, and a government campaign to secure a third-country removal.
The government had briefed the court that it received assurances from Liberia about Abrego Garcia’s treatment if removed there and asked Xinis to lift a previous bar on removal to that country. Xinis found those steps and the government’s sequencing of potential removal destinations—at different times naming Uganda, Eswatini, Ghana and Liberia—created a factual pattern incompatible with detention for the purpose of lawful deportation.
The judge emphasized that Costa Rica had offered residence and refugee protection and communicated that offer publicly via Minister Zamora Cordero, an option Xinis said the government could have pursued. As part of the release order, Xinis instructed U.S. Pretrial Services to remind Abrego Garcia of the conditions attached to his pending criminal case.
Analysis & Implications
The ruling exposes tensions between criminal prosecution, immigration enforcement, and international diplomacy. When a federal court finds detention to be untethered from a realistic removal plan, it raises constitutional and statutory questions about the limits of post-conviction immigration custody. Xinis’s decision underscores judicial scrutiny of protracted or circuitous removal strategies that risk converting detention into indefinite confinement.
Practically, the order requires coordination between immigration authorities, the Pretrial Services Office, and federal prosecutors to ensure Abrego Garcia’s criminal proceedings continue while the government decides on further appellate or diplomatic actions. If the government appeals, the case could produce a faster appellate timeline given the immediate-release directive and the government’s stated intention to challenge the ruling.
Diplomatically, the episode highlights how third-country assurances factor into removal decisions. Costa Rica’s swift, public offer complicated the government’s plan to rely on Liberia’s assurances; courts may increasingly scrutinize the adequacy and timeliness of diplomatic arrangements the government uses to justify removal and continued detention.
Comparison & Data
| Country | Government Position Reported | Status in Xinis Order |
|---|---|---|
| El Salvador | March deportation; CECOT mega-prison | Previously barred by 2019 court order |
| United States | Re-entry in June for criminal charges; re-detained | Judge ordered release from immigration custody |
| Liberia | Government assurances reported by U.S. authorities | Government sought removal there; court raised questions |
| Costa Rica | Minister offered residence and refugee status | Judge noted offer was firm and viable |
| Uganda / Eswatini / Ghana | Named by respondents as options | Judge found none were viable options as presented |
The table summarizes the principal countries identified in filings and reporting. Judge Xinis specifically criticized the government’s sequential notifications to Abrego Garcia and the selection of countries the court determined were, as presented, not realistic removal destinations. That factual finding formed a core basis for granting habeas relief.
Reactions & Quotes
‘This is naked judicial activism by an Obama appointed judge. This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts,’
Tricia McLaughlin, Department of Homeland Security spokesperson (social media post)
Context: The DHS spokesperson framed the ruling as legally flawed and signaled an imminent appeal; that statement represents the agency’s public reaction and intention to continue litigation.
‘The circumstances of Abrego Garcia’s detention since he was released from criminal custody cannot be squared with the basic purpose of holding him to effectuate removal,’
Judge Paula Xinis (federal court order)
Context: Xinis’s order relied on documented removal attempts, diplomatic communications, and news reports to determine that detention was not being used to effectuate a realistic deportation.
‘[Costa Rica’s] offer to grant Abrego Garcia residence and refugee status is firm, unwavering, and unconditional,’
Minister Zamora Cordero (public communications cited by the court)
Context: The judge cited Costa Rica’s public statement as evidence that a viable third-country option existed and was not pursued by the respondents in a timely way.
Unconfirmed
- The specific evidentiary basis for the government’s assertion that Liberia provided sufficient assurances has not been attached in public court filings available in media reporting.
- Allegations that Abrego Garcia is an MS-13 member remain the government’s contention in prior administrations’ statements; those allegations have not been resolved to the court’s satisfaction in the habeas proceeding.
Bottom Line
Judge Xinis’s order compels Abrego Garcia’s immediate release from immigration custody and sharply criticizes the government’s handling of his removal options, including the sequencing and viability of proposed third countries. The decision turns on detailed factual findings about diplomatic communications, prior court orders, and the purpose of detention, rather than a broader pronouncement on enforcement prerogatives.
The government has stated it will appeal, setting up a likely fast-moving appellate fight that could clarify how courts review post-conviction immigration detention tied to removal plans and diplomatic assurances. Meanwhile, Abrego Garcia’s criminal case in Tennessee will proceed under supervised release conditions as coordinated with Pretrial Services.
Sources
- ABC News (national news reporting summarizing court order and reactions)
- Department of Homeland Security (official federal agency statements and public social-media commentary)