A federal judge on Thursday ordered the release of Salvadoran migrant Kilmar Abrego Garcia from federal custody, delivering a sharp rebuke to the Trump administration in a case that has ricocheted across borders and courtrooms for nearly 10 months.
U.S. District Judge Paula Xinis ruled that Abrego Garcia must be freed from the ICE Moshannon Valley Processing Center in Pennsylvania, saying the administration had failed to secure the required final notice of removal that would allow him to be deported to a third country, including several African nations previously floated by federal officials.
“Since Abrego Garcia’s return from wrongful detention in El Salvador, he has been re-detained, again without lawful authority,” Xinis said in her order. “For this reason, the Court will GRANT Abrego Garcia’s Petition for immediate release from ICE custody.”
Xinis had grilled Justice Department lawyers last month during a lengthy evidentiary hearing, pushing them to prove that a final removal order existed. DOJ attorney Drew Ensign argued that a 2019 immigration judge had effectively “meant” to issue such an order. Xinis dismissed that argument outright, stating, “No such order of removal exists for Abrego Garcia.”
The Justice Department is expected to appeal, as Ensign signaled in earlier proceedings.