Maryland Federal Court Finds No Lawful Basis For “The Maryland Dad’s,” Continued Custody After Wrongful Deportation & Months-Long Clash With The Trump Administration

Thursday, December 11, 2025, 4:30 P.M. ET. 6 Minute Read, By Jennifer Hodges, Political Editor: Englebrook Independent News,

GREENBELT, MD.- U.S. District Court Judge Paula Xinis on Thursday, December 10, 2025, ordered the immediate release of Kilmar Abrego Garcia from Immigration and Customs Enforcement (ICE) custody, ruling that the government lacked any lawful authority to continue detaining him after his wrongful deportation to El Salvador earlier this year.

     U.S. District Court Judge Paula Xinis, issuing a sharply worded 31-page opinion, determined that ICE re-detained Abrego Garcia “without lawful authority,” concluding that there is no valid removal order permitting his continued confinement. The Salvadoran migrant had been held at the Moshannon Valley Processing Center in Pennsylvania since August.

     “Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis wrote, finding that the government had “no lawful basis to detain and remove” him under existing immigration orders.

     The ruling allows Abrego Garcia, a Maryland resident, husband, and father, to return home while his immigration and federal criminal cases continue, directly undercutting public statements by Trump administration officials who vowed he would “never” be free in the United States again.

Judge Criticizes Government For Misleading The Court;

     Judge Xinis’s ruling also rebuked the government for providing misleading assertions regarding where Abrego Garcia could legally be deported.

     During a November 20 hearing, Justice Department attorneys told the court that Liberia was the only country willing to accept him and that Costa Rica had withdrawn its previous offer to receive him. Subsequent confirmations from Costa Rican authorities, however, stated that their humanitarian offer “had never wavered.”

     Xinis cited these contradictions in her decision, accusing the government of having “affirmatively misled the tribunal” and criticizing prosecutors for presenting an ICE witness who lacked direct knowledge and could not substantiate claims regarding Costa Rica’s position.

DHS Denounces The Ruling As ‘Judicial Activism;’

     The Department of Homeland Security responded forcefully, calling the ruling “naked judicial activism.” DHS spokeswoman Tricia McLaughlin, who earlier this year publicly declared that Abrego Garcia “will never go free on American soil,” criticized Xinis for overstepping and vowed that the administration would “fight this tooth and nail.”

     The administration maintains that it retains authority to detain Abrego Garcia while arranging removal to a third country other than El Salvador, despite the 2019 ruling prohibiting deportation to that nation due to credible threats from gangs.

Wrongful Deportation And Imprisonment In El Salvador;

     Abrego Garcia’s case first drew national attention in March 2025 when ICE agents arrested him in Maryland and removed him to El Salvador, despite the standing 2019 immigration judge’s order explicitly barring his deportation there.

     Upon arrival, he was transferred to El Salvador’s Terrorism Confinement Center (CECOT), a massive high-security complex internationally criticized for its severe conditions and mass detentions. The U.S. government later conceded that his deportation violated the protection order and attributed it to an “administrative error.”

     Key verified details include:

• Abrego Garcia first entered the U.S. as a teenager and later built a life in Maryland with his wife and child.
• A 2019 immigration judge found he faced a credible threat from gangs in El Salvador and barred deportation to that country.
• On March 15, 2025, ICE deported him anyway, sending him to CECOT, where he was held for months without trial.
• His family and attorneys struggled for months to learn his location and condition.

     The deportation became a symbol of the Trump administration’s aggressive enforcement posture and willingness to transfer migrants to foreign detention facilities even when they had no criminal convictions.

Return To The U.S. And Re-Detention By ICE;

     Following mounting legal pressure, the U.S. returned Abrego Garcia from El Salvador in June 2025 so he could face federal human smuggling charges in Tennessee. He pleaded not guilty, and although a judge considered releasing him, his attorneys argued that ICE would immediately deport him again if freed.

     After a period in criminal custody, he was eventually released under supervision, only for ICE to arrest him again in August during a routine Baltimore check-in.

     ICE then sought to deport him to a third country, including nations in Africa, even as Costa Rica reaffirmed its willingness to take him. Meanwhile, Abrego Garcia’s defense team moved to dismiss the smuggling indictment, alleging the prosecution was “vindictive” and intended to punish him for exposing the wrongful deportation. A federal judge agreed that there is evidence supporting that argument and scheduled a full hearing.

Claims Of Gang Affiliations Disputed;

     DHS has publicly labeled Abrego Garcia an MS-13 gang member and has cited him as a danger to public safety. Advocates dispute those characterizations, noting that he had never been convicted of a crime in the U.S. or El Salvador at the time of his deportation.

     Judge Xinis’s ruling notably sidestepped those disputed assertions, focusing exclusively on the legality of his detention rather than the administration’s claims about his background.

What The Court Order Means Now;

     Judge Xinis’s order triggers several immediate remedies:

• Immediate release: ICE must release Abrego Garcia from Moshannon Valley without delay.
• No immediate removal: The government is blocked from deporting him absent a lawful removal order.
• Continuation of criminal case: He remains subject to electronic monitoring and other conditions imposed in his Tennessee case.
• Reopened immigration case: He is seeking asylum and other protections before an immigration judge.
• Unresolved third-country negotiations: The administration may continue seeking a country willing to receive him, but must do so lawfully and without misrepresentation.

A Case That Defines The Immigration Fight Under Trump;

     Since his arrest outside his Maryland home in March, Abrego Garcia has become a defining symbol of President Trump’s second-term immigration battles.

     Supporters of the administration argue that detaining him is necessary to enforce immigration laws and combat gang-related threats. Critics see his case as evidence of government overreach, violations of due process, and disregard for court protections.

     Judge Xinis’s ruling represents one of the most significant judicial rebukes to the administration’s detention policies this year.

     As of Thursday evening, ICE had not announced when Abrego Garcia would physically be released from custody. His attorneys say he will return to his Maryland home, comply with all court orders, and continue pursuing a trial on the federal smuggling charges and protection from deportation.

Editor’s Note;

This article is based entirely on verified, publicly available reporting from reputable national outlets, along with publicly filed court records and official government statements. Englebrook Independent News confirms that all details, quotations, and procedural descriptions in this report have been cross-checked against multiple independent sources. All legal descriptions are explanatory in nature and do not constitute legal advice.

Conflicting claims, such as allegations of gang affiliation, are attributed entirely to their sources.— Jennifer Hodges, Political Editor, Englebrook Independent News.