U.S. District Judge Paula Xinis has mandated the immediate release of Kilmar Abrego Garcia from immigration detention, asserting that Immigration and Customs Enforcement (ICE) acted without lawful authority in his case. Judge Xinis ruled that the absence of a final removal order precludes the U.S. government from deporting Abrego Garcia, who is originally from El Salvador and has been residing in Maryland with his family.

Abrego Garcia was previously deported to El Salvador earlier this year, where he was placed in a large prison facility, despite a 2019 court order that prohibited his removal due to concerns about potential persecution. The Trump administration had alleged that he was affiliated with the criminal gang MS-13, a claim he denies. After being returned to the U.S. in June to face human smuggling charges in Tennessee, to which he has pleaded not guilty, he was initially released into the custody of his brother in Maryland. However, he was later detained again by immigration authorities and is currently held at the ICE Moshannon Valley Processing Center in Pennsylvania.

Judge Xinis emphasized that ICE failed to provide the necessary legal documentation for his deportation, thereby lacking the authority to detain him. The Department of Homeland Security has criticized the ruling, labeling it as “judicial activism,” and has indicated plans to contest the decision, asserting that Abrego Garcia should remain in detention while his case is resolved. Supporters, including his wife, have organized rallies in Baltimore advocating for his release, highlighting ongoing legal and humanitarian concerns surrounding immigration enforcement practices in the United States.