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US: Judge orders release of Kilmar Abrego from ICE detention

Matt Ford with Reuters, AFP
December 12, 2025

A federal judge said the Trump administration had "no lawful basis to detain and remove" the Salvadoran immigrant and Maryland resident.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura at a protest rally
Abrego Garcia's case has become a symbol of the Trump administration's anti-immigration agendaImage: AP

A Salvadoran man at the center of a row over President Donald Trump's hardline immigration policies was released from custody on Thursday after a lengthy legal battle.

Kilmar Abrego Garcia, who was wrongfully deported to his native El Salvador in March before being brought back to the US in June to face human smuggling charges, will now be permitted at least temporarily to return to his Maryland home.

US District Judge Paula Xinis, who was nominated by former President Barack Obama, said the Trump administration has "no lawful basis to detain and remove" Abrego Garcia and that "his continued detention must end."

A White House spokeswoman told reporters the Trump administration would appeal the decision, accusing Judge Xinis of "activism."

Andrew Rossman, a lawyer for Abrego Garcia, said the decision was a "victory not just for one Maryland man but for everyone" and thanked the court for "upholding due process and the rule of law."

Abrego Garcia's case a key test of Trump's immigration policies

Abrego Garcia's case has become a symbol of the Trump administration's aggressive immigration crackdown, as his legal battles highlight the new deportation policies the administration has sought to use.

The Trump administration has repeatedly claimed that Abrego Garcia is a member of the Salvadoran gang known as MS-13 and should not be allowed to stay in the US.

An immigration judge ruled in 2019 that he could not be deported to El Salvador because he faced danger from gang violence that targeted his family.

When Abrego Garcia was mistakenly sent there in March, his case became a rallying point for those who oppose Trump's immigration enforcement actions.

His family and attorneys deny that he has any gang connection.

Edited by: Roshni Majumdar

Matt Ford Reporter for DW News and Fact Check
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