Judge issues temporary order blocking ICE from detaining Kilmar Abrego Garcia

BELTSVILLE, Md. - A federal judge has issued a temporary restraining order to prohibit immigration officials from detaining Kilmar Abrego Garcia.

The order came after he reported for a check-in with immigration authorities Friday morning, roughly 14 hours after a judge ordered his release from federal detention.

A crowd of supporters, including Maryland Congressman Glenn Ivey, gathered outside the courthouse in Baltimore around 7 a.m.

Abrego Garcia addressed the crowd before turning and walking into the building.

His case drew national attention during the Trump administration’s immigration enforcement efforts earlier this year after he was mistakenly deported to a notorious prison in El Salvador. 

He is expected to appear at an Immigration and Customs Enforcement field office in Baltimore. He was last taken into custody in August during a similar check‑in.

ICE released him just before 5 p.m. Thursday, complying with an order from U.S. District Judge Paula Xinis in Maryland.

In her ruling, Xinis wrote that federal officials detained him after his return to the United States without any legal basis.

READ MORE: Kilmar Abrego Garcia heading back to Maryland after judge orders his release from ICE custody

Mistakenly deported, then returned

Abrego Garcia, a Salvadoran citizen with an American wife and child, has lived in Maryland for years. He crossed into the U.S. illegally as a teenager to join his brother, who later became a U.S. citizen. In 2019, an immigration judge granted him protection from deportation, finding he faced danger from a gang that had targeted his family.

Although he was allowed to live and work in the U.S. under ICE supervision, he was never granted residency. Earlier this year, he was mistakenly deported and held in a notoriously violent Salvadoran prison despite having no criminal record.

Under mounting public pressure and a court order, the Trump administration returned him to the U.S. in June — but only after issuing an arrest warrant in Tennessee on human smuggling charges. He has pleaded not guilty and asked a federal judge to dismiss the case.

READ MORE: Judge orders Kilmar Abrego Garcia’s release from ICE custody

A lawsuit to block removal

The 2019 settlement found he had a "well‑founded fear" of danger in El Salvador. Instead of sending him back there, ICE has sought to deport him to several African countries. Abrego Garcia has sued, arguing the administration is illegally using the removal processto punish him for the embarrassment caused by his wrongful deportation.

In her order, Xinis wrote that federal officials "did not just stonewall" the court, "They affirmatively misled the tribunal." She also rejected the government’s claim that she lacked jurisdiction, finding no final removal order had ever been filed.

ICE released him from the Moshannon Valley Processing Center, about 115 miles northeast of Pittsburgh, shortly before the deadline Xinis set for an update on his status. He returned home to Maryland a few hours later.

READ MORE: Judge orders Kilmar Abrego Garcia’s immediate release from ICE custody

Immigration check‑ins

ICE check‑ins are used to monitor people released while they pursue asylum or other immigration cases in a system facing heavy delays. Once routine, the appointments have increasingly led to detentions since the start of President Donald Trump’s second term.

Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, said he is prepared for further attempts to deport his client.

"The government still has plenty of tools in their toolbox, plenty of tricks up their sleeve," Sandoval-Moshenberg said, adding he fully expects the government to again take steps to deport his client. "We're going to be there to fight to make sure there is a fair trial." 

The Department of Homeland Security sharply criticized Xinis’ ruling and vowed to appeal, calling it "naked judicial activism" by a judge appointed during the Obama administration.

"This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts," said Tricia McLaughlin, the department's assistant secretary. 

Sandoval‑Moshenberg said the judge made clear that the government cannot detain someone indefinitely without legal authority, adding that his client "has endured more than anyone should ever have to."

Abrego Garcia has also applied for asylum in U.S. immigration court.

Charges in Tennessee

Abrego Garcia was charged with human smuggling and conspiracy when the U.S. government brought him back from El Salvador. Prosecutors say he accepted money to transport people who were in the country illegally.

The charges stem from a 2022 traffic stop in Tennessee for speeding. Body‑camera footage shows a calm exchange between Abrego Garcia and a state trooper. Nine passengers were in the vehicle, and officers discussed their suspicions of smuggling.

He was ultimately allowed to continue driving with only a warning.

A Homeland Security agent testified that he did not begin investigating the stop until after the U.S. Supreme Court ruled in April that the Trump administration must work to bring Abrego Garcia back to the United States.

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