Trump officially loses against Kilmar Abrego Garcia as a judge delivers the final blow and sets him free

Maryland Judge Paula Xinis just delivered a major blow to the Trump administration’s detention policies, ordering the immediate release of Kilmar Abrego Garcia from ICE custody. This is huge news, especially since Garcia’s case has become a lightning rod for criticism against President Trump’s policies regarding mass deportations.

If you’ve been following this story, you know Garcia was initially deported in March, but has been in custody since August while various legal battles played out. Now, a judge has finally put her foot down, essentially calling out the government for playing games with Garcia’s life and freedom. Judge Xinis made it incredibly clear that the government didn’t even have a “final removal order” that would allow them to deport Garcia.

Despite this crucial missing piece of paperwork, they still tried to ship him off to several countries in Africa, per NPR. Attempting to deport someone to Africa when they are a resident of Maryland, a native of El Salvador, and were willing to go to Costa Rica instead, just sounds awful. It makes zero sense, and Judge Xinis agreed.

Trump went too far, and the courts are tired of him

She noted that the government’s actions over the last few months simply didn’t support the idea that his detention was for the “basic purpose of effectuating removal.” She wrote:

“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.”

Garcia has become a symbol of the larger issues surrounding the President Trump administration’s immigration enforcement strategies. His story is particularly frustrating because the government had already messed up his case earlier this year. In the spring, Garcia was mistakenly sent to a prison in El Salvador, directly contradicting a judge’s specific order.

After that mistake, the government was forced to return him to the U.S. But instead of resolving the issue cleanly, they immediately detained him again, this time on human smuggling charges. Garcia has pleaded not guilty to those charges, and they are still pending.

His legal fight has drawn significant public attention. Back on August 25, 2025, Garcia spoke during a rally and prayer vigil held for him right before he entered a U.S. Immigration and Customs Enforcement field office in Baltimore, Maryland. That rally showed just how many people were invested in his fight for freedom and how many saw him as a clear example of enforcement gone wrong.

While the judge’s order grants him immediate release from ICE custody, it’s important to remember that Garcia isn’t entirely free and clear yet. He still faces specific conditions on his release as part of those criminal charges filed in Tennessee.

Regardless of the charges still hanging over him, this is a massive victory for Garcia and his legal team. The fact that Judge Xinis focused directly on the lack of a proper removal order and the government’s baffling attempts to deport him without a clear legal pathway is a strong signal. This decision wraps up a months-long detention period that, according to the judge, should have never happened in the first place.