Immigration and Customs Enforcement cannot re-detain Salvadoran native Kilmar Abrego Garcia through the Christmas holiday, a federal judge overseeing his immigration case ruled Monday.
At a hearing in Maryland, U.S. District Judge Paula Xinis extended a temporary restraining order that keeps Abrego Garcia out of federal custody while the government pursues efforts to deport him to Liberia or another country.
Abrego Garcia was released from immigration detention on Dec. 11 after Xinis concluded the government had held him “without lawful authority.” In her ruling, the judge pointed in part to the absence of a formal removal order from his 2019 immigration proceedings. In that same year, an immigration judge also barred the government from deporting him to El Salvador, citing his stated fear of persecution.
After his release, an immigration judge later “corrected” the record by adding a removal order, saying it “was erroneously omitted.”
During Monday’s hearing, Xinis repeatedly pressed the administration’s legal team to say whether they would detain Abrego Garcia if the restraining order were lifted. She said she needs clear documentation of what the government plans to do — and why — to ensure Abrego Garcia is not taken back into custody without proper legal authority.
“Show your work, that’s all,” Xinis told government attorneys. “Give it to me and we don’t have to speculate.”
Xinis ordered the government to submit a statement of facts by Dec. 26, with a response from Abrego Garcia’s legal team due by Dec. 30. She said she will review those filings before deciding whether to issue a preliminary injunction or end the case.
After the hearing, Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, said the family has been through intense emotional swings and that the legal fight remains unresolved.
“It’s just been one earthquake after another,” he said. “The sword is still hanging — very much hanging.”
Abrego Garcia had been living in Maryland with his wife and children when he was deported in March to El Salvador’s CECOT mega-prison, despite the 2019 order barring his removal to that country. The Trump administration has alleged he is a member of MS-13, which he denies.
He was returned to the U.S. in June to face human smuggling charges in Tennessee. Judge Xinis later released him from ICE custody while he awaits trial. He is scheduled to go to trial in January and has pleaded not guilty.
On Friday, Abrego Garcia’s attorneys filed a motion seeking sanctions against the Trump administration, alleging officials violated a court order restricting extrajudicial statements that could influence the case. The motion cites comments made after his release by Chief Border Patrol Agent Gregory Bovino, who described Abrego Garcia on national television as an “alien smuggler” and a “wife beater,” according to the filing.
