The anti-immigrant policy of donald trump suffered a new setback this Thursday, with the order for the release of Salvadoran Kilmar Ábrego García issued by a federal judge.
Judge Paula Xinis, of Maryland, ordered the immediate release of Ábrego García, whose irregular deportation to El Salvador and subsequent imprisonment in a maximum security prison made him a focus of attention and a symbol of the resistance against trump.
The judge ruled that Immigration and Customs Enforcement (ICE) lacked legal authority to keep him in custody and that his prolonged detention responded more to political punishment than to a legitimate immigration process.
“Since Ábrego García’s return from improper detention in El Salvador, he has been detained again, again without legal authority,” the judge wrote.
Kilmar Ábrego García is released from ICE custody after a judge’s rulinghttps://t.co/9KP84IINUa
— CNN in Spanish (@CNNEE) December 11, 2025
Irregular deportation and forced return
Ábrego García, a resident of Maryland for years, was deported to El Salvador in March even though a US judge had prohibited his expulsion due to the risk he faced from gangs that had attacked his family.
Once in the Central American nation, he was held in the Terrorism Confinement Center (CECOT), a maximum security prison notorious for its harsh treatment of inmates and allegations of systematic violations, including overcrowding, prolonged isolation, lack of access to legal assistance and severe restrictions on communication with family members.
After a legal battle, he was returned to the United States in June to face federal human trafficking charges, accusations that he denies and that his defense considers “vindictive.”
Since then, he remained in ICE custody in Pennsylvania, while the Government sought to deport him to third African countries with which he had no ties.
A setback for Trump’s politics
The release order represents a direct blow to Trump’s anti-immigrant policy, which has intensified detentions and deportations since his return to power. The Department of Homeland Security called the decision “blatant judicial activism” and promised to appeal.
The White House, through its spokesperson Karoline Leavitt, assured that “Ábrego García is in our country illegally. It is proven that he is a human trafficker. It is proven that he is a gang member.”
However, Judge Xinis dismissed the Government’s arguments, pointing out that there was no valid deportation order and that the authorities had misled the court by presenting false information about possible destination countries.
One of the most controversial points was the US Government’s assertion that Costa Rica had withdrawn its willingness to receive Ábrego. The judge clarified that this information was false and that the Central American country never wavered in its commitment to welcome him. “Federal authorities not only obstructed, but actively misled the court,” Xinis wrote.
Ábrego’s defense maintains that the Trump Administration used the deportation process to punish him for exposing the irregularity of his initial expulsion. His case has become a banner for organizations that denounce immigration repression and ICE abuses.
Noem receives barrage of criticism in Congress
The court decision regarding Ábrego García coincided with a congressional hearing in which Homeland Security Secretary Kristi Noem defended the government’s hardline anti-immigrant policies.
Noem faced strong criticism from Democratic lawmakers, who accused her of lying and diverting public resources to execute an “extreme” agenda.
Meanwhile, protesters interrupted the hearing demanding an end to the raids and deportations, while Noem promised that she “will not back down.”
The case of the Salvadoran was mentioned as an example of the excesses of immigration policy, although the official avoided commenting directly on the release order.
A migrant with roots in the US
Kilmar Ábrego García came to the United States as a teenager and has lived in Maryland for years. He has an American wife and son and has sought asylum, citing gang persecution in El Salvador. In 2019, an immigration judge ruled that he could not be deported to that country because of the risk he faced, but the order was ignored in March.
His case refers to the strong tensions between the federal courts and the Trump Administration, which insists on carrying out mass deportations even to countries where migrants have no ties. For its defenders, the release is a partial victory that shows that the courts can still stop abuses of executive power.
Although he will be released, the Salvadoran remains subject to provisional release by order of a judge in Tennessee, where he faces charges of human trafficking. He has pleaded not guilty and has asked that the accusation be dismissed, claiming it is vindictive.
The judge handling the case acknowledged that there are indications that the accusation could have been motivated by political retaliation.
An evidentiary hearing is scheduled to evaluate the motion, amid growing questions about the use of the judicial system to punish migrants who defy deportation policies.
Currently, tens of thousands of immigrants in the United States face risk of deportation under the Trump administration’s policies, with more than 170,000 removals recorded in 2025 and an even greater number in ICE custody.
