Kilmar Abrego Garcia Granted Temporary Freedom Ahead of Christmas

Tue Dec 23 2025 21:28:37 GMT+0200 (Eastern European Standard Time)

U.S. District Judge Paula Xinis rules that Kilmar Abrego Garcia can spend Christmas with his family, despite a contentious immigration custody battle.

Kilmar Abrego Garcia, an immigrant facing a complex legal battle after a mistaken deportation to El Salvador, has been granted temporary freedom by a U.S. District Court to spend Christmas with his family. Judge Paula Xinis has ordered that government attorneys must clarify their plans regarding his potential return to immigration custody by December 26. Garcia's case has garnered significant attention due to the accusations against him and has become a focal point in the national immigration debate.

BALTIMORE (AP) — Kilmar Abrego Garcia can spend Christmas with his family after spending much of the year in custody.

U.S. District Judge Paula Xinis issued an order late on Monday requiring government attorneys to file a brief by December 26 on whether they plan to take him back into immigration custody and under what legal authority. His attorneys have until December 30 to respond.

A temporary restraining order that bars Immigration and Customs Enforcement (ICE) from detaining him remains in place in the meantime.

“This decision means Kilmar gets to sleep in his own bed in the next coming days, without the fear of being separated from his family and community in the middle of the night,” said Lydia Walther-Rodriguez, an organizer with the community group CASA.

Abrego Garcia, a Salvadoran citizen, has become a central figure in the immigration debate as he fights to remain in the U.S. after he was mistakenly deported to his home country earlier this year. Upon his return, U.S. officials accused him of gang affiliations, which he has denied vehemently.

The 35-year-old has an American wife and child and has lived in Maryland for years. His immigration situation became particularly precarious when he was deported despite an immigration judge granting him protection due to threats against his family from gangs.

Facing pressure from the public and a court order, Abrego Garcia was brought back to the U.S. in June but has been entangled in ongoing legal challenges, including a plea of not guilty to charges of human smuggling. He and his legal team continue to seek justice following what they describe as his wrongful deportation.

Judge Xinis has acknowledged the government's lack of a viable plan for his deportation and pointed out misleading information regarding his case. As he prepares to celebrate the holidays home, the future of his immigration status remains uncertain.