Kilmar Abrego Garcia remains free from ICE custody after judge’s temporary order

WASHINGTON, DC: A federal judge temporarily barred the government from re-detaining Kilmar Abrego Garcia on Friday, December 12, 2025, allowing him to remain free from US Immigration and Customs Enforcement custody.

Garcia had been released from the Moshannon Valley Processing Center in Pennsylvania on Thursday, only to face the possibility of being taken back into custody the same day by the Trump administration. The rapid sequence of events prompted an emergency legal response from Garcia’s attorneys. 

US District Judge Paula Xinis ruled that the administration lacked the legal authority to continue holding Garcia in immigration detention and issued a temporary order preventing ICE from re-arresting him. The judge noted that re-detaining Garcia would cause irreparable harm and raised concerns about the legality of the government’s actions.

The order came just hours before Garcia was scheduled to report to an ICE field office in Baltimore, a requirement that previously resulted in his detention during an earlier appointment.

Kilmar Abrego Garcia speaks out after release from detention 

Following his release, Garica addressed supporters gathered outside the courthouse and described himself as a “free man.” He said he stood before the crowd with his “head held high” and vowed to continue fighting what he called the injustices he had faced.

Garcia said he believed the United States remained a “country of laws,” regardless of who was in power, and expressed confidence that the injustice surrounding his detention would eventually come to an end.

He thanked God for standing with him and his family and expressed gratitude for what he described as the “freedom fighters” who supported him throughout the process, including his partner, Jennifer.

“I’m here as a free man,” Garcia said just minutes before his scheduled appointment at the ICE field office in Baltimore. He noted that the last time he had been instructed to report to the same office, he was detained almost immediately.

Garcia also thanked his brother, mother, and extended family, adding that he was grateful for the people who had stood by him since “Day 1.”

Addressing other ICE detainees, Garcia urged them to remain hopeful and resilient. He described their treatment as unjust and encouraged them to continue fighting.

“Keep fighting. Don’t give up,” he said. “I wish all of you love and justice. Keep going."

Judge Paula Xinis issues memorandum order in Kilmar Abrego Garcia’s favor

In her memorandum order, Judge Xinis listed Homeland Security Secretary Kristi Noem and other federal officials as respondents. The document stated that on December 11, 2025, the court granted Garcia’s petition for a writ of habeas corpus and ordered his immediate release from ICE custody.

The order explained that following Garcia’s release, federal authorities issued him an ICE Order of Supervision. However, Judge Xinis noted that the order appeared to anticipate a new immigration judge ruling and signaled the government’s intent to re-detain Garcia.

“If, as Abrego Garcia suspects, Respondents will take him into custody this morning, then his liberty will be restricted once again,” Xinis wrote. She added that unlawful detention constituted irreparable harm under the law.

The temporary order remains in effect while the court considers further legal arguments in the case.