Today, a federal judge ordered U.S. immigration officials to immediately release Kilma Abrego Garcia from custody. He was unlawfully deported by the Trump administration to a dangerous prison in El Salvador. He has since been returned to the United States and is awaiting trial on criminal charges. The judge ordered him released by 5 pm EST today.

Abrego Garcia’s Release Order

In her 31-page opinion, U.S. District Judge Paula Xinis wrote.

“Because Abrego Garcia has been held in ICE detention to effectuate third-country removal absent a lawful removal order, his requested relief is proper. Separately, 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.”

Xinis’ decision is a massive victory for Abrego Garcia, who has sought a release after months in federal custody. Department of Homeland Security (DHS) personnel have prioritized his case, accusing him of being a member of MS-13, a dangerous Venezuelan gang.

Abrego Garcia has consistently pronounced his innocence. His case has been a focal point of the Trump administration’s reckless attack on our nation’s immigrant population. Abrego Garcia is a Salvadoran national who entered the U.S. illegally a decade and a half ago.

Trump Administration Response

The administration issued an immediate and predictable response to the Trump-appointed Xinis’ ruling. Speaking for the government, DHS spokesperson Tricia McLaughlin wrote on X, “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.”

Abrego Garcia’s story has been front-page news since he was deported to the infamous CECOT mega-prison despite an order preventing his deportation. In June, after his case went to the Supreme Court, he was returned to the U.S. to face charges for human smuggling in the state of Tennessee. A judge ordered his release into the custody of his brother in Maryland pending judicial proceedings. He was detained once again in August by DHS officials and is being held in a detention facility in Pennsylvania.

The Path Forward

Although Xinis’s ruling will result in the release of Abrego Garcia, he remains subject to his pretrial release conditions stemming from his human smuggling case.  This includes, but is not limited to, detention and electronic monitoring at his Maryland home, third-party custodianship, and other measures that will ensure his appearance in court.

The Trump administration has threatened to remove Abrego Garcia to world hotspots such as Uganda, Eswatini, Ghana, or Liberia. He has maintained that he should be allowed to be deported to Costa Rica. The administration has falsely stated that the country has prohibited him from relocating there. Regarding this point, Judge Xinis wrote.

“Respondents’ persistent refusal to acknowledge Costa Rica as a viable removal option, their threats to send Abrego Garcia to African countries that never agreed to take him, and their misrepresentation to the Court that Liberia is now the only country available to Abrego Garcia, all reflect that whatever purpose was behind his detention, it was not for the ‘basic purpose’ of timely third-country remova