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Dec 12, 2025

Kilmar Abrego Garcia released after judge rules Trump admin lacked valid removal order-lllllllllllll

Kilmar Abrego Garcia, the El Salvadoran illegal immigrant that became the face of the Trump administration's mass deportation campaign, has been released from detention.

Garcia's lawyer confirmed his release with Fox News. His release came after a federal judge on Thursday ordered him freed following months of legal wrangling.

U.S. District Judge Paula Xinis ordered Abrego Garcia released from the ICE Moshannon Valley Processing Center in Philipsburg, Pa., on the grounds that the Trump administration had not obtained the final notice of removal order that is needed to deport him to a third country, including a list of African nations they had previously identified for his removal. 

Kilmar Abrego Garcia Checks In At Baltimore ICE Office After Release From Jail

Surrounded by reporters, Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura enter a U.S. Immigration and Customs Enforcement (ICE) field office on Aug. 25, 2025 in Baltimore, Maryland. Abrego Garcia was freed Thursday from Immigration detention.  (Anna Moneymaker/Getty Images)

"Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority," Xinis said in her order on Thursday. 

The order said that U.S. Immigration and Customs Enforcement (ICE) had not obtained a final notice of removal needed to remove Abrego Garcia from the U.S. Without that removal order, Xinis said, Abrego Garcia could not remain detained in federal immigration custody. 

The Justice Department is expected to challenge the order.

A protester holds a photo of Maryland man Kilmar Abrego Garcia.

A protester holds a photo of Maryland man Kilmar Abrego Garcia. (Getty Images)

"This is naked judicial activism by an Obama appointed judge," Department of Homeland Security spokesperson Tricia McLaughlin said in a social media post. "This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts."

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