Judge orders Kilmar Abrego Garcia to be released from ICE custody

Kilmar Abrego Garcia speaks during a rally and prayer vigil for him before he enters a U.S. Immigration and Customs Enforcement (ICE) field office on August 25, 2025 in Baltimore, Maryland. Andrew Harnik/Getty Images hide caption

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Andrew Harnik/Getty Images

Maryland Judge Paula Xinis on Thursday granted Kilmar Abrego Garcia's request to be released from ICE custody.

The native of El Salvador and resident of Maryland has become a symbol of the Trump administration's policy of mass deportations after he was mistakenly sent to a prison in El Salvador in the spring, contrary to a judge's order. The government later returned him to the U.S. only to detain him on human smuggling charges. He has pleaded not guilty to those charges.

Xinis said the government had no "final removal order" to deport Abrego Garcia, and despite that tried to deport him to various countries in Africa without any reasoning, even as Abrego Garcia was willing to leave the U.S. and go to Costa Rica.

"Respondents' conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer," she wrote.

Abrego Garcia had been in ICE custody since August while various court battles play out. He still faces conditions on his release as part of the criminal charges in Tennessee.

This is a developing story and will be updated.