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Kilmar Abrego Garcia departs the US Immigration and Customs Enforcement Baltimore Field Office the day after a federal judge ordered his released from detention in Pennsylvania on December 12, 2025 in Baltimore, Maryland.
(Photo by Chip Somodevilla/Getty Images)
Federal Judge Issues Restraining Order Forbidding Agents From Re-Detaining Abrego Garcia
Judge Paula Xinis argued that Ábrego García was likely to suffer "irreparable harm" absent a court order barring ICE from imprisoning him.
Dec 12, 2025
A federal judge issued a restraining order on Friday morning barring federal immigration enforcement agents from re-detaining Kilmar Ábrego García, the man whom the Trump administration unlawfully deported to El Salvador earlier this year but who was released from custody on Thursday.
In the ruling, US District Judge Paula Xinis granted an emergency order sought by Ábrego García's attorneys to forbid the government from taking him back into custody when he appeared at the US Immigration and Customs Enforcement (ICE) Baltimore Field Office for a scheduled appointment later in the day.
The emergency order was necessary because the ICE Order of Supervision on Thursday night obtained a court order authorizing Ábrego García's removal from the US mere hours after Xinis ordered his immediate release from ICE custody after granting his habeas corpus petition.
In her ruling, Xinis argued that Ábrego García was likely to suffer "irreparable harm" absent a court order barring ICE from imprisoning him.
"If, as Ábrego García suspects, respondents will take him into custody this morning, then his liberty will be restricted once again," Xinis wrote. "It is beyond dispute that unlawful detention visits irreparable harm."
The Trump administration this past June complied with a Supreme Court order to facilitate Ábrego García’s return to United States after it acknowledged months earlier that he had been improperly deported to El Salvador, where a US immigration judge had ruled years earlier he faced direct danger from gang threats against him and his family.
While imprisoned in El Salvador’s infamous Terrorism Confinement Center (CECOT), Ábrego García’s attorneys allege he was subjected to physical and psychological abuse “including but not limited to severe beatings, severe sleep deprivation, inadequate nutrition, and psychological torture.”
Upon his return, the US Department of Justice promptly hit him with human smuggling charges to which he has pleaded not guilty.
President Donald Trump and Attorney General Pam Bondi have also accused Ábrego García of being a member of the gang MS-13, although they have produced no evidence to back up that assertion.
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donald trumpimmigrationkilmar abrego garciaus department of homeland securityus immigration and customs enforcement
A federal judge issued a restraining order on Friday morning barring federal immigration enforcement agents from re-detaining Kilmar Ábrego García, the man whom the Trump administration unlawfully deported to El Salvador earlier this year but who was released from custody on Thursday.
In the ruling, US District Judge Paula Xinis granted an emergency order sought by Ábrego García's attorneys to forbid the government from taking him back into custody when he appeared at the US Immigration and Customs Enforcement (ICE) Baltimore Field Office for a scheduled appointment later in the day.
The emergency order was necessary because the ICE Order of Supervision on Thursday night obtained a court order authorizing Ábrego García's removal from the US mere hours after Xinis ordered his immediate release from ICE custody after granting his habeas corpus petition.
In her ruling, Xinis argued that Ábrego García was likely to suffer "irreparable harm" absent a court order barring ICE from imprisoning him.
"If, as Ábrego García suspects, respondents will take him into custody this morning, then his liberty will be restricted once again," Xinis wrote. "It is beyond dispute that unlawful detention visits irreparable harm."
The Trump administration this past June complied with a Supreme Court order to facilitate Ábrego García’s return to United States after it acknowledged months earlier that he had been improperly deported to El Salvador, where a US immigration judge had ruled years earlier he faced direct danger from gang threats against him and his family.
While imprisoned in El Salvador’s infamous Terrorism Confinement Center (CECOT), Ábrego García’s attorneys allege he was subjected to physical and psychological abuse “including but not limited to severe beatings, severe sleep deprivation, inadequate nutrition, and psychological torture.”
Upon his return, the US Department of Justice promptly hit him with human smuggling charges to which he has pleaded not guilty.
President Donald Trump and Attorney General Pam Bondi have also accused Ábrego García of being a member of the gang MS-13, although they have produced no evidence to back up that assertion.
A federal judge issued a restraining order on Friday morning barring federal immigration enforcement agents from re-detaining Kilmar Ábrego García, the man whom the Trump administration unlawfully deported to El Salvador earlier this year but who was released from custody on Thursday.
In the ruling, US District Judge Paula Xinis granted an emergency order sought by Ábrego García's attorneys to forbid the government from taking him back into custody when he appeared at the US Immigration and Customs Enforcement (ICE) Baltimore Field Office for a scheduled appointment later in the day.
The emergency order was necessary because the ICE Order of Supervision on Thursday night obtained a court order authorizing Ábrego García's removal from the US mere hours after Xinis ordered his immediate release from ICE custody after granting his habeas corpus petition.
In her ruling, Xinis argued that Ábrego García was likely to suffer "irreparable harm" absent a court order barring ICE from imprisoning him.
"If, as Ábrego García suspects, respondents will take him into custody this morning, then his liberty will be restricted once again," Xinis wrote. "It is beyond dispute that unlawful detention visits irreparable harm."
The Trump administration this past June complied with a Supreme Court order to facilitate Ábrego García’s return to United States after it acknowledged months earlier that he had been improperly deported to El Salvador, where a US immigration judge had ruled years earlier he faced direct danger from gang threats against him and his family.
While imprisoned in El Salvador’s infamous Terrorism Confinement Center (CECOT), Ábrego García’s attorneys allege he was subjected to physical and psychological abuse “including but not limited to severe beatings, severe sleep deprivation, inadequate nutrition, and psychological torture.”
Upon his return, the US Department of Justice promptly hit him with human smuggling charges to which he has pleaded not guilty.
President Donald Trump and Attorney General Pam Bondi have also accused Ábrego García of being a member of the gang MS-13, although they have produced no evidence to back up that assertion.
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