Abrego García freed from jail on judge’s order
The wrongfully deported man has been released from an ICE detention center
What happened
A federal judge in Maryland Thursday ordered the immediate release of Kilmar Abrego García from an ICE detention facility in Pennsylvania, ruling that the government was holding the Salvadoran immigrant “without lawful authority.”
Abrego García, whose wrongful deportation to a notorious El Salvador prison in March became an early flashpoint in President Donald Trump’s aggressive immigration crackdown, was freed shortly before U.S. District Judge Paula Xinis’ 5 p.m. deadline and was home with his family by Thursday night, his lawyers said.
Who said what
Xinis’ ruling was a “stinging defeat” for Trump, The New York Times said, and the “latest twist” in Abrego García’s “long and byzantine saga” from the El Salvador prison to a jail cell in Tennessee on disputed human smuggling charges, then back to ICE detention after a brief respite at home. Despite that winding path, the reason for his release was “quite simple,” Xinis wrote: The judge who barred his removal to El Salvador in 2019 never issued a “final order for removal.”
Xinis also criticized the Trump administration’s ongoing threat to deport Abrego García to an African country where he has no ties. Government lawyers “did not just stonewall” the court, she said, but “affirmatively misled” it by falsely claiming Costa Rica had withdrawn its offer to receive him.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What next?
Homeland Security Department spokesperson Tricia McLaughlin, who previously vowed Abrego García would “never go free on American soil,” said the administration would “continue to fight this tooth and nail.” An immigration judge Thursday night issued Abrego García a final removal order, and he was ordered to appear at an ICE office in Baltimore today, The Washington Post said, “leading his lawyers and supporters to worry that he could be detained again.”
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
-
Political cartoons for December 20Cartoons Saturday’s political cartoons include drowning rats, the ACA, and more
-
5 fairly vain cartoons about Vanity Fair’s interviews with Susie WilesCartoon Artists take on demolition derby, alcoholic personality, and more
-
Joanna Trollope: novelist who had a No. 1 bestseller with The Rector’s WifeIn the Spotlight Trollope found fame with intelligent novels about the dramas and dilemmas of modern women
-
Trump HHS moves to end care for trans youthSpeed Read The administration is making sweeping proposals that would eliminate gender-affirming care for Americans under age 18
-
Jack Smith tells House of ‘proof’ of Trump’s crimesSpeed Read President Donald Trump ‘engaged in a criminal scheme to overturn the results of the 2020 presidential election,’ hoarded classified documents and ‘repeatedly tried to obstruct justice’
-
House GOP revolt forces vote on ACA subsidiesSpeed Read The new health care bill would lower some costs but not extend expiring Affordable Care Act subsidies
-
Hegseth rejects release of full boat strike footageSpeed Read There are calls to release video of the military killing two survivors of a Sept. 2 missile strike on an alleged drug trafficking boat
-
Trump vows naval blockade of most Venezuelan oilSpeed Read The announcement further escalates pressure on President Nicolás Maduro
-
Kushner drops Trump hotel project in SerbiaSpeed Read Affinity Partners pulled out of a deal to finance a Trump-branded development in Belgrade
-
Homeland Security Secretary Kristi Noem might not be long for TrumplandIN THE SPOTLIGHT She has been one of the most visible and vocal architects of Trump’s anti-immigration efforts, even as her own star risks fading
-
Senate votes down ACA subsidies, GOP alternativeSpeed Read The Senate rejected the extension of Affordable Care Act tax credits, guaranteeing a steep rise in health care costs for millions of Americans
