Judge Weighs Decision on Abrego Garcia's Release from Immigration Custody

Fri Nov 21 2025 08:37:35 GMT+0200 (Eastern European Standard Time)

A Maryland federal judge is set to rule on the release of Kilmar Abrego Garcia, who was mistakenly deported to El Salvador and is now facing potential deportation to several African countries.

Kilmar Abrego Garcia, a Maryland resident, attended a court hearing as a federal judge prepares to decide on his potential release from immigration custody. Originally from El Salvador, Abrego Garcia was erroneously deported earlier this year. His case raises significant questions regarding U.S. immigration policy and practices that some argue are retaliatory rather than legal. Abrego Garcia's legal team argues there is no valid removal order against him, highlighting the ongoing complexities of immigration law in the U.S.

GREENBELT, Md. – A federal judge in Maryland promised on Thursday to rule as soon as possible on whether to order the release of Kilmar Abrego Garcia from immigration custody.

Abrego Garcia's mistaken deportation to El Salvador in March, which violates an earlier court settlement, has intensified the immigration policy debate. Since his return in June, the government has pursued deportation to several African countries, but his attorneys claim this is an illegal punishment for the embarrassment caused by the erroneous deportation.

U.S. District Judge Paula Xinis previously issued an injunction preventing his immediate removal, but the government is seeking to lift this injunction. In court, a representative from Immigration and Customs Enforcement supported Homeland Security's proposal to send Abrego Garcia to Liberia.

With a wife and child in the U.S., and having lived in Maryland for years, Abrego Garcia immigrated illegally as a teenager. An immigration judge granted him protection from deportation in 2019, deeming his safety in El Salvador as compromised. Due to this, the government seeks to deport him to a third country.

Abrego Garcia expressed willingness to go to Costa Rica, where he had an assurance of a secure and free living situation. However, the U.S. government has shown no serious interest in this option, suggesting alternatives like Uganda and Ghana instead.

Cantu noted to the judge that removal to Costa Rica is currently not an option, leaving many questions unanswered.

Abrego Garcia's legal team emphasized that indefinite detention without a valid removal order is not acceptable. Judge Xinis appeared to align with this sentiment, indicating such conditions may not warrant custody. You can’t fake it ’til you make it,” Xinis remarked regarding the necessity of a legal removal order.

Should he be released, the government plans to continue efforts for his deportation. He has filed to reopen his immigration case for asylum in the U.S., although success is uncertain. Legal representatives are questioning the ongoing effort to secure his removal, especially with alternatives available.