BY Benjamin ClarkDecember 12, 2025
4 weeks ago
BY 
 | December 12, 2025
4 weeks ago

Federal judge mandates release of Salvadoran migrant from ICE detention

A federal judge has delivered a striking blow to immigration enforcement by ordering the release of a Salvadoran migrant from custody.

The core of this saga unfolded in Greenbelt, Maryland, where U.S. District Judge Paula Xinis ruled for the release of Kilmar Abrego Garcia from the ICE Moshannon Valley Processing Center in Pennsylvania, Fox News reported.

This decision caps nearly ten months of legal battles, spotlighting what many see as bureaucratic missteps under the Trump administration. The case has fueled international attention and relentless court debates over proper deportation protocols.

Judge Challenges ICE's Legal Authority

Judge Xinis grounded her ruling on the absence of a final notice of removal, a critical document required to deport Abrego Garcia to a third country. She declared in her order, "Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority."

Her words cut deep, exposing what appears to be a glaring oversight by ICE officials. If the government can't produce the necessary paperwork, how can it justify holding someone indefinitely?

Xinis further dismantled the Justice Department's stance, rejecting their claim that a 2019 immigration judge's ruling implied a removal order. She stated plainly, "No such order of removal exists for Abrego Garcia," leaving little room for bureaucratic excuses.

Timeline of Errors and Legal Wrangling

The ordeal began in March when Abrego Garcia was deported to El Salvador, defying a 2019 court order, in what Trump officials admitted was an "administrative error." Xinis swiftly mandated his return to the U.S., but the saga didn't end there.

Upon his return in June, he was detained again in Nashville on human smuggling charges tied to a 2022 traffic stop. Critics argue this reeks of targeted prosecution, with a motion to dismiss pending in Tennessee for early next month.

Meanwhile, Xinis pressed Trump officials on why Costa Rica, previously open to accepting Abrego Garcia without risk of refoulement, was suddenly "off the table." Court filings suggest Costa Rica's willingness never wavered, casting doubt on the administration's transparency.

Administration's Resistance and Judicial Frustration

Trump officials have pushed back hard, with White House press secretary Karoline Leavitt calling Xinis's order another example of judicial "activism." DHS Assistant Secretary Tricia McLaughlin echoed this, insisting, "This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts."

Their defiance signals a broader clash between executive action and judicial oversight, one that risks undermining public trust in both systems. When government agencies dodge accountability, it’s the rule of law that suffers most.

Judge Xinis herself expressed exasperation, accusing the administration of not just stonewalling but actively misleading the court on plans to deport Abrego Garcia to African nations like Uganda or Liberia. She sharply noted in November, "You can't 'fake it 'til you make it,'" a rebuke that lays bare the administration's shaky footing.

What's Next for Abrego Garcia and Immigration Policy

With this order, Abrego Garcia can now remain in the U.S. with his brother while his criminal case in Nashville unfolds. Yet, the Justice Department is poised to appeal, either through immigration channels or the Fourth Circuit U.S. Court of Appeals.

The lingering motion for sanctions in his civil case suggests Xinis isn’t done scrutinizing the government's conduct. Her meticulous approach, once likened to "eating an elephant—one bite at a time," hints at more legal reckonings ahead.

This case transcends one man’s fate, serving as a litmus test for how far the government can stretch detention policies before courts intervene. As the Trump administration doubles down on enforcement, expect more battles over whether judicial rulings or executive priorities will shape the future of immigration law.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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