Federal Judge Rules in Favor of Kilmar Abrego Garcia
A federal judge, U.S. District Judge Paula Xinis,has extended a temporary restraining order that prevents Trump administration officials from re-detaining Kilmar Abrego Garcia. Xinis criticized Justice Department attorney Ernesto H. Molina Jr. for what she called repeated misrepresentations by the government and said she feared Garcia could be taken back into custody “in the middle of the night” before she could ensure due process. The article recounts allegations by the administration that Garcia is an MS-13 member who trafficked people and abused his wife, while noting he was granted protection from deportation by an immigration judge in 2019 after arriving from El Salvador as a teenager. Garcia was deported in March under authority the administration cited as the 1798 Alien Enemies Act, later returned to the U.S.in June, and faces federal charges, including conspiracy and unlawful transportation of illegal aliens; he has pleaded not guilty. Reports say he agreed to be sent to Costa Rica but that country reportedly would not accept him, and Bloomberg said he will remain free at least through the end of the month as the case continues.
A federal judge ruled Monday to keep a temporary order in place, preventing Trump officials from re-detaining illegal Salvadoran immigrant and alleged gang member Kilmar Abrego Garcia.
“U.S. District Judge Paula Xinis said she was concerned the administration might try to take Abrego back into custody ‘in the middle of the night’ before she could take steps to ensure due process in his case, and she dressed down a Justice Department lawyer for repeated misrepresentations by the U.S. government,” The Washington Post reported.
“Once again, I’m making a finding that these representations, which are misrepresentations, are in bad faith,” she told Department of Justice attorney Ernesto H. Molina Jr., saying she was “beyond impatient” with government lawyers.
Xinis, appointed by former President Barack Obama, issued the initial temporary restraining order 11 days ago. The TRO came just after she ordered Garcia’s release from an Immigration and Customs Enforcement detention facility in Pennsylvania, according to WTTG-TV.
This marks yet another chapter in an epic saga.
The Trump administration has repeatedly cited significant evidence that Garcia is a member of the infamous MS-13 gang, has engaged in human trafficking, and battered his wife.
After coming to the U.S. illegally from El Salvador as a teenager, an immigration judge eventually granted him protection from being sent back there in 2019, claiming he would face gang violence.
Garcia was initially deported to El Salvador in March, along with members of the Venezuelan Tren de Aragua gang, when President Donald Trump used the 1798 Alien Enemies Act to deport those who posed a serious threat to the United States.
NEW: Kilmar Abrego Garcia walks out of his first court appearance in person in Greenbelt Maryland. Judge Paula Xinis will keep TRO in place blocking further detention for now. @fox5dc pic.twitter.com/3o4hvjGAHo
— Katie Barlow (@katieleebarlow) December 22, 2025
Following his deportation, Democrats and the media cast him as a simple “Maryland man” and “Maryland father” who was being unjustly persecuted by the White House, despite evidence and accusations to the contrary.
Garcia, 30, was eventually brought back to the U.S. in June following court orders for his return. He was promptly hit with federal charges of conspiracy and unlawful transportation of illegal aliens for financial gain, however, related to a 2022 traffic stop in Tennessee.
He has pleaded not guilty to the charges.
Garcia reportedly agreed to be sent to Costa Rica, but the federal government has claimed the country will not take him.
A report from Bloomberg stated that he will remain free until at least the end of the month, as the case continues to be sorted out.
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