Federal Judge Blocks ICE from Re-Detaining Kilmar Abrego Garcia After Release

A federal judge on Friday issued a temporary restraining order blocking U.S. immigration authorities from re-detaining Kilmar Abrego Garcia, just hours after ordering his release from an immigration detention center in Pennsylvania. U.S. District Judge Paula Xinis of Maryland granted the emergency order as Abrego Garcia appeared for a scheduled appointment at an Immigration and Customs Enforcement field office in Baltimore, roughly 14 hours after walking free from the Moshannon Valley Processing Center. The 30-year-old Salvadoran national's legal team had sent an urgent request to the judge, warning that ICE officials could immediately place him back into custody during the routine check-in. Instead, Abrego Garcia emerged from the building after a brief appointment to cheers from supporters who had gathered outside. "Stand tall" against government injustices, Abrego Garcia urged the crowd in brief remarks following his release. Judge Xinis wrote that officials cannot re-detain Abrego Garcia until the court conducts a hearing on the motion for the temporary restraining order. She noted that he is likely to succeed on the merits of any further request for relief from ICE detention. "For the public to have any faith in the orderly administration of justice, the Court's narrowly crafted remedy cannot be so quickly and easily upended without further briefing and consideration," Xinis wrote in her ruling. The case stems from Abrego Garcia's wrongful deportation to El Salvador in March 2025, despite a court ruling that should have prevented it. He was mistakenly sent to a notorious prison in his home country before being returned to the U.S. over the summer, making him a flashpoint in President Donald Trump's immigration enforcement policies. In her Thursday ruling ordering his initial release, Judge Xinis determined that the Trump administration lacked legal authority to continue holding Abrego Garcia in detention, citing the absence of a final order of removal. "His removal cannot be considered reasonably foreseeable, imminent, or consistent with due process," Xinis wrote. "Since Abrego Garcia's wrongful detention in El Salvador, he has been re-detained, again without lawful authority." Abrego Garcia's attorney, Simon Sandoval-Moshenberg, confirmed his client was released just before the 5 p.m. deadline the judge had given the government. Abrego Garcia returned to his Maryland home Thursday night, where he lives with his American wife and child after originally immigrating to the U.S. illegally as a teenager. The case has galvanized both sides of the immigration debate, with Abrego Garcia facing multiple legal challenges. Beyond the civil case in Maryland challenging the Department of Homeland Security's deportation attempts, he also faces a criminal case in Tennessee where the government accuses him of human smuggling, and has a petition pending in immigration court where he hopes to pursue an asylum claim. The temporary restraining order represents a significant legal victory for immigration advocates who have criticized the administration's handling of the case. Abrego Garcia's release comes as the Trump administration continues its broader immigration enforcement efforts, making his case a closely watched test of judicial oversight over deportation proceedings. The judge's intervention highlights ongoing tensions between federal immigration enforcement and judicial authority, particularly in cases involving individuals who have been wrongfully detained or deported. Legal experts say the case could set important precedents for how courts handle similar situations involving immigration detention and due process rights.