Abrego García freed from jail on judge’s order

The wrongfully deported man has been released from an ICE detention center

BALTIMORE, MARYLAND - AUGUST 25: Kilmar Abrego Garcia (C), accompanied by Rep. Glenn Ivey (D-MD) (L), prepares to speak at an immigration rally before entering a U.S. Immigration and Customs Enforcement (ICE) field office on August 25, 2025 in Baltimore, Maryland. Three days after being released, Garcia has been detained again, as the U.S. Government is threatening to deport Garcia, a Maryland construction worker from El Salvador, to Uganda after he rejected a plea deal to be charged with Human Smuggling and deported to Costa Rica. Earlier this year Garcia was wrongfully deported to the notorious anti-terrorism prison CECOT in El Salvador. (Photo by Andrew Harnik/Getty Images)
Abrego García, accompanied by Rep. Glenn Ivey, prepares to speak at an immigration rally before entering an ICE field office on Aug. 25, 2025
(Image credit: Andrew Harnik / Getty Images)

What happened

A federal judge in Maryland Thursday ordered the immediate release of Kilmar Abrego García from an ICE detention facility in Pennsylvania, ruling that the government was holding the Salvadoran immigrant “without lawful authority.”

Abrego García, whose wrongful deportation to a notorious El Salvador prison in March became an early flashpoint in President Donald Trump’s aggressive immigration crackdown, was freed shortly before U.S. District Judge Paula Xinis’ 5 p.m. deadline and was home with his family by Thursday night, his lawyers said.

Who said what

Xinis’ ruling was a “stinging defeat” for Trump, The New York Times said, and the “latest twist” in Abrego García’s “long and byzantine saga” from the El Salvador prison to a jail cell in Tennessee on disputed human smuggling charges, then back to ICE detention after a brief respite at home. Despite that winding path, the reason for his release was “quite simple,” Xinis wrote: The judge who barred his removal to El Salvador in 2019 never issued a “final order for removal.”

Xinis also criticized the Trump administration’s ongoing threat to deport Abrego García to an African country where he has no ties. Government lawyers “did not just stonewall” the court, she said, but “affirmatively misled” it by falsely claiming Costa Rica had withdrawn its offer to receive him.

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What next?

Homeland Security Department spokesperson Tricia McLaughlin, who previously vowed Abrego García would “never go free on American soil,” said the administration would “continue to fight this tooth and nail.” An immigration judge Thursday night issued Abrego García a final removal order, and he was ordered to appear at an ICE office in Baltimore today, The Washington Post said, “leading his lawyers and supporters to worry that he could be detained again.”

Rafi Schwartz, The Week US

Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.