Judge's Decision Looms on Kilmar Abrego Garcia's Immigration Status

Fri Nov 21 2025 08:50:09 GMT+0200 (Eastern European Standard Time)

A U.S. District Judge in Maryland is set to rule soon on whether to release Kilmar Abrego Garcia from immigration custody following a controversial deportation case that has garnered national attention.

Kilmar Abrego Garcia, who was wrongfully deported to El Salvador, is currently in immigration detention as the government seeks to deport him to other countries. His recent hearing highlighted issues regarding his potential removal and the legality of his current detention without a final removal order.

GREENBELT, Md. — A federal judge in Maryland promised on Thursday to rule as soon as possible on whether to order the release of Kilmar Abrego Garcia from immigration custody.

Garcia’s mistaken deportation to El Salvador in March, in violation of an earlier court settlement, has galvanized both sides of the debate over immigration policies. Since his return to the U.S. in June, the government has sought to deport him to various African countries. His attorneys argue that the system is being misused to retaliate against Garcia after his return from an erroneous deportation.

U.S. District Judge Paula Xinis previously issued an injunction that prevents his immediate removal. During a recent hearing, John Cantu from Immigration and Customs Enforcement testified in support of new proposals to send Garcia to Liberia.

Abrego Garcia has an American wife and child and has lived in Maryland for years; however, he immigrated illegally from El Salvador as a teenager. In 2019, an immigration judge granted him protection from deportation, citing dangers in his home country. Now unable to return to El Salvador, the government is looking to deport him to a third country.

He has expressed a willingness to be deported to Costa Rica, which had previously agreed to accept him. However, the U.S. government has instead announced plans to send him to Uganda, Eswatini, Ghana, or Liberia, while Costa Rica remains ignored in the discussions.

In court, Cantu stated that removal to Costa Rica is “not an option at the moment” but did not clarify why. Garcia’s attorneys argue that detention without a final removal order is unlawful, raising concerns about the government’s motivations.

Xinis acknowledged that without a removal order, Garcia should likely not remain in custody, asserting, “You can’t fake it 'til you make it.” She noted that she would aim to make a ruling on his release swiftly, though she recognized the gravity of the issues at hand.

Even if Garcia is released, the U.S. government may continue its attempts to deport him. He has petitioned to reopen his case for asylum, but success is uncertain.

After the hearing, Garcia's attorney, Simon Sandoval-Moshenberg, criticized the government's lack of reasoning for refusing Costa Rica as a destination: I can’t think of any reason why we’re still fighting this case, and why he remains behind bars. The government could have sent him to Costa Rica months ago.