Kilmar Abrego Garcia El Salvador deportation.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura leave the United States District Court District of Maryland, Monday, Dec. 22, 2025, in Greenbelt, Md. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia, who was mistakenly deported, can spend Christmas with family

Kilmar Abrego Garcia can spend Christmas with his family after spending much of the year in custody. U.S. District Judge Paula Xinis, in Maryland, issued an order late on Monday requiring government attorneys to file a brief by Dec. 26 on whether they plan to take him back into immigration custody, and under what legal authority they would do so. His attorneys have until Dec. 30 to respond. A temporary restraining order that bars Immigration and Customs Enforcement from detaining him remains in place in the meantime. The Salvadoran citizen’s case has become a lightning rod for both sides of the immigration debate as he fights to remain in the U.S. with his American wife and child.

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Kilmar Abrego Garcia waits to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

What to know about Kilmar Abrego Garcia’s release from immigration custody

Kilmar Abrego Garcia, whose mistaken deportation helped galvanize opposition to President Donald Trump’s immigration policies, has been released from immigration detention, and a judge has temporarily blocked any further efforts to detain him. A big reason for that is because it appears no immigration judge has ever issued a removal order for him. That might have been an oversight, but without the order he can’t be deported. That’s according to the Maryland judge hearing the case. In order to get a removal order, the government will need to reopen Abrego Garcia’s closed immigration case, experts say. That comes with risks for both sides.

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FILE - Kilmar Abrego Garcia attends a protest rally at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025, to support Abrego Garcia. (AP Photo/Stephanie Scarbrough, File)

A federal judge in Tennessee warns Trump officials over statements about Kilmar Abrego Garcia

A federal judge in Tennessee has warned of possible sanctions against top Trump administration officials if they continue to make inflammatory statements about Kilmar Abrego Garcia that could prejudice his coming trial. U.S. District Judge Waverly Crenshaw filed an order late on Monday instructing local prosecutors in Nashville to provide a copy of his opinion to all Justice and Homeland Security department employees. The opinion cites court rules that prohibit public statements about a defendant’s “character, credibility, reputation, or criminal record.” His order specifically includes Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem.

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