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A federal judge early Friday temporarily barred the Trump administration from re-detaining Kilmar Abrego Garcia, issuing an emergency order only hours after she had directed his release from an immigration facility in Pennsylvania. The move marks the latest legal setback in the government’s attempts to deport the 30-year-old, whose case has become a high-profile test of the administration’s immigration crackdown.
Background
Abrego Garcia was mistakenly deported to El Salvador in March before being returned to the United States earlier this year to face federal criminal charges. After his return, he was held for months at an ICE facility despite lacking a valid removal order from an immigration judge — a violation U.S. District Judge Paula Xinis cited Thursday when ordering his release.
But within hours, his attorneys warned Xinis that a new document issued late Thursday by an immigration judge put him at renewed risk of deportation, prompting them to seek an immediate restraining order before he reported to an ICE office in Baltimore Friday morning.
Legal Arguments
In their filing, Abrego Garcia’s lawyers argued that the government was attempting to circumvent the court’s release order by using the newly issued immigration document as a basis to detain him again. They contended that without court intervention, ICE could re-arrest him during his mandatory check-in appointment.
Xinis agreed the risk was real. “If, as Abrego Garcia suspects, Respondents will take him into custody this morning, then his liberty will be restricted once again,” she wrote, calling unlawful detention “irreparable harm.” Her temporary restraining order will remain in effect until a full hearing can be held.
Government Response
The Trump administration did not immediately comment on the ruling. An ICE spokesperson did not answer questions about whether the agency had planned to detain Abrego Garcia again during his Baltimore appointment.
Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, said Friday that his client would not be re-arrested and was expected to leave the ICE field office after his appointment.
Reactions and Human Impact
Speaking outside the Baltimore ICE office, Abrego Garcia—accompanied by more than a dozen supporters—described the moment as a turning point after months of uncertainty.
“I stand before you as a free man,” he said through a translator. “I want you to remember me this way — with my head held up high.” He urged others facing family separation to “keep fighting,” expressing belief that “this injustice will come to its end.”
Broader Context
Abrego Garcia has become emblematic of the aggressive detention and deportation policies pursued under Trump, which immigrant advocates argue have led to widespread errors and rights violations. His case — involving a wrongful deportation, months of detention without a removal order and repeated efforts to re-detain him — has drawn national attention from civil rights groups and lawmakers.
Next Steps
Xinis plans to hold a hearing on the government’s detention authority in the coming days. Until then, her order prevents ICE from taking Abrego Garcia back into custody. His legal team is expected to push for a more permanent bar on re-detention as his immigration proceedings continue.
