Kilmar Abrego Garcia speaks before dozens of supporters Friday outside the U.S. Immigration and Customs Enforcement office in Baltimore. (Photo by William J. Ford/Maryland Matters)

Kilmar Abrego Garcia is a free man, at least temporarily.

Abrego Garcia, a Salvadoran immigrant and Maryland resident, appeared early Friday for a check-in at the U.S. Immigration and Customs Enforcement field office in Baltimore, less than day after a federal district judge ordered him released from ICE detention in Pennsylvania.

At his last ICE check-in, in August, Abrego Garcia walked in but didn’t walk out: Authorities detained him and held him until Thursday. But Friday, Abrego Garcia walked out of the building to cheers and chants, led by members of the immigrant rights group CASA to a black car that took him to rejoin his family in Prince George’s County.

Before Abrego-Garcia walked inside the building Friday, he thanked his supporters who rallied there, talked about spending the holidays with his family and offered advice for others suffering similar legal battles against the Trump administration.

“I stand before you as a free man, and I want you to remember me this way with my head held up high,” Abrego Garica said in Spanish, through a CASA translator.

“I stand here today with my head held up high, and I will continue to fight and stand firm against all of the injustices this government has done upon me,” Abrego Garcia said. “Regardless of this administration, I believe this is a country of laws, and I believe that this injustice will come to its end. Keep fighting. Do not give up. I wish all of you love and justice. Keep going.”

One of his attorneys, Simon Y. Sandoval-Moshenberg, told reporters and a few dozen protesters outside the field office that the federal judge who ordered Abrego Garcia freed Thursday said Friday that he could not be detained by ICE at his latest check-in.

Based on a temporary restraining order filed by his attorneys, Sandoval-Moshenberg said the judge will schedule a hearing at U.S. District Court in Greenbelt that Abrego Garcia will be able to attend.

“The legal fight is far from over,” Sandoval-Moshenberg said. “I wish I could say that with this, the government is going to leave well enough alone. This man has suffered enough.”

Department of Homeland Security spokesperson Tricia McLaughlin called the judge’s decision to let Abrego Garcia free “naked judicial activism.”

“This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts,” McLaughlin said in an email Friday morning that repeated her statement from the day before.

Abrego Garcia’s return to the Baltimore ICE office came one day after U.S. District Court of Maryland Judge Paul Xinis ordered the Trump administration to release him from the Moshannon Valley Processing Center in Pennsylvania, where he had been held since September. He was released Thursday evening and spent the night at his home in Beltsville.

Since he was first detained by immigration officials in March and wrongly deported to his home county of El Salvador, Abrego Garcia’s case has shone a spotlight on the Trump administration’s aggressive immigration crackdown.

Abrego Garcia was originally deported to a brutal prison in El Salvador, despite a previous court ruling that prohibited his transfer there because of fear of violence by Salvadoran gangs.

Months later — and months after the U.S. Supreme Court’s April order that the Trump administration “facilitate” Abrego Garcia’s return –he was brought back to the U.S. on June 6, only to face charges of human smuggling in Tennessee. The judge in that case eventually ordered Abrego Garcia released to home detention while his claim of vindictive prosecution in the Tennessee case proceeded.

Xinis, who got involved in the case when Abrego Garcia was first deported, issued a ruling Thurday that was highly critical of the administration’s actions in the case. She found that Abrego Garcia’s latest detention, since his August ICE check-in, was “again without lawful authority,” because the Trump administration has been holding him for deportation but has not made an effort to remove him to a third country.

The government’s “conduct over the past months belie that his detention has been for the basic purpose of effectuating removal, lending further support that Abrego Garcia should be held no longer,” Xinis wrote in her opinion.

Costa Rica has agreed to accept Abrego Garcia as a refugee, but Justice Department lawyers could not give Xinis a clear explanation of why the Trump administration would not send him there. Instead, the administration has proposed deporting Abrego Garcia to several countries in Africa.

Back in Baltimore on Friday morning, dozens of supporters braved the cold to hold up signs, chant and then clap and cheer when Abrego Garcia walked back outside the ICE building a free man, chanting “todos somos Kilmar,” or “we are all Kilmar.”

“It’s definitely a good day, but it is a good day to know that he’ll be able to spend the holidays with his family, “said Baltimore City Councilmember Odette Ramos, who attended the rally.

“He and his family have been so brave to go through all of this and to have their story really symbolize, frankly, what so many others are going through,” she said. “The fight’s not over.”

Maryland Matters is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maryland Matters maintains editorial independence. Contact Editor Steve Crane for questions: editor@marylandmatters.org.

Natali Fani-González, a Democrat who serves on the Montgomery County Council, speaks during a rally on Nov. 20, 2025 outside the U.S. District Court in Greenbelt, Maryland in support of Kilmar Abrego Garcia, who had a hearing in court. (Photo by William J. Ford/Maryland Matters)

GREENBELT, Md. — U.S. Immigration and Customs Enforcement officials detailed to a federal judge Thursday plans for the Trump administration to again remove the wrongly deported Kilmar Abrego Garcia, this time to the West African country of Liberia.

U.S. District of Maryland Judge Paula Xinis is considering whether to lift her order that barred Abrego Garcia, a longtime Maryland resident, from being removed from the United States. The case and its months of wrangling in courts in two states has generated huge publicity, both in Maryland and nationally, and has brought attention to the Trump administration’s immigration crackdown.

Separately, as the Trump administration tries to deport Abrego Garcia, the Justice Department is moving forward with criminal charges against him of human smuggling in Tennessee.

Xinis specially requested the Trump administration provide John Cantú to testify because he is a top official at ICE’s Enforcement and Removal Operations and previously submitted a declaration to the court regarding the State Department’s deliberation with Costa Rica’s government about accepting Abrego Garcia as a refugee. 

Abrego Garcia, whose deportation due to an “administrative error” cast a spotlight on President Donald Trump’s aggressive immigration crackdown, is challenging his detention on the grounds that the Trump administration is using his imprisonment as punishment rather than for the purpose of removal. He is currently detained at an ICE facility in Pennsylvania.

Abrego Garcia has agreed to be removed to Costa Rica, but the Trump administration last month argued before Xinis to allow him to be removed to Liberia. In August, Costa Rica’s government stated it would accept him as a refugee. 

As he challenges his removal to any country other than Costa Rica, Abrego Garcia has also pleaded not guilty to the criminal case in Nashville, which accuses him of the human trafficking of immigrants in an incident stemming from a 2022 traffic stop in Tennessee. 

Rally outside

Similar to previous hearings at the Greenbelt courthouse, the immigrant advocacy group CASA led a rally in support of Abrego Garcia. The event included a singing group called the Rapid Response Choir.

George Escobar, who will become CASA’s new executive director on Jan. 1, said it’s important for people to stand up against a “corrupt government” that seeks to take away immigrant rights, especially as the Trump administration tries to ship Abrego Garcia to various third countries.

“We want to make sure that we stand here united. We want to make sure that Kilmar (and) his family understands that we are by his side,” Escobar said. “We will not let this go silently into the night.”

Maryland Del. Gabriel Acevero, a Montgomery County Democrat who’s from Trinidad and Tobago, and who has a family background in Venezuela, said his state colleagues will be working on legislation to improve immigrant rights, such as ending the 287(g) program in the state.

Currently, about eight local enforcement agencies in the state have agreements with ICE that delegate certain immigration enforcement abilities to local police. But Acevero’s colleague, Del. Nicole Williams, a Prince George’s County Democrat, plans to reintroduce legislation to terminate all ICE agreements. Law enforcement agencies would have a year to do so.

After the rally ended, CASA leaders handed out green postcards for participants to write down words of support for Abrego Garcia.

Jacki Gilbert of Baltimore wrote on her postcard: “Dear Kilmar, We stand with you and your family. You are both a friend and a neighbor.”

“This impacts my community. My culture in Baltimore City. My economy there. You got to stand with your friends and neighbors. Respect them,” Gilbert said as she choked up and shed a tear.

Abrego Garcia has deportation protections that should have prevented his deportation to his home country of El Salvador, but earlier this year he was still removed to a brutal Salvadoran prison. 

Because of those protections granted by an immigration judge in 2019, the Trump administration must find a third country that is willing to accept Abrego Garcia and a country where he believes he will not face harm or persecution. 

The Trump administration so far has floated sending him to Liberia as well as one of three other nations in Africa — Ghana, Eswatini and Uganda.

Worries about return to El Salvador

Abrego Garcia’s lawyers have raised concerns that if he is sent to a third country, that country will then send him back to El Salvador. 

Cantú said that the government of Liberia has given the State Department assurance that Abrego Garcia will not face torture, persecution, and will not be sent back to El Salvador. 

The assurances from Costa Rica’s government accepting Abrego Garcia were “nonbinding,” Cantú said. 

The State Department informed him that Abrego Garcia’s removal to Costa Rica is “not an option at the moment,” he said.

Cantú was pressed by one of Abrego Garcia’s attorney’s, Sascha Rand, about communications with the State Department and Costa Rica regarding Abrego Garcia.  

Cantú said he had a five-minute virtual meeting with an attorney from the State Department, during which he was given a statement that Costa Rica was no longer an option for Abrego Garcia. 

But he could not give the judge any additional information on further communications between the State Department and Costa Rica’s government since August.

“This witness has zero information about the content of the (Costa Rica) declaration,” Xinis said. “No shade on you, Mr. Cantú, you’ve been very candid with the court. The point has been made.”

Rand pointed to how the assurance from Costa Rica granted Abrego Garcia refugee status and citizenship, and he asked if Liberia made those same assurances. 

Cantú said he did not recall. 

Rand asked Cantú if in his career at the Department of Homeland Security, which dates to 1997, if he has had any experience of removing someone from Latin America to Africa. 

Cantú said he has in the past six months under the Trump administration. Rand asked about any scenarios prior to that time.

“I cannot recall,” Cantú said.

Rand said that Abrego Garcia has “no objection to him being removed to Costa Rica.” 

He argued that the Trump administration, and its witness, have not proved that Abrego Garcia cannot be removed to Costa Rica. 

Order of removal

Abrego Garcia’s attorneys also requested that DOJ provide the order of removal for Abrego Garcia. 

Cantú said he had not seen such a document.

“If there is no order for removal, then there is no basis for detention,” said Simon Sandoval-Moshenberg, another attorney for Abrego Garcia, who specializes in immigration law. 

DOJ attorney Drew Ensign said he does “believe there is a final order of removal.”

Xinis rejected that, because no document was provided to her and the document Ensign produced for her only mentioned that Abrego Garcia’s 2019 asylum claim was rejected.

“I am just interested in finding the order of removal,” she said. 

Ensign argued that because Abrego Garcia has a withholding of removal, meaning he cannot be removed back to his home country of El Salvador, that should be treated as a final order of removal. 

Ensign added that it’s odd that Abrego Garcia would agree to be removed to Costa Rica if he didn’t believe there was a final order of removal.

“No, it’s not,” Xinis said. “It’s a concession because he’s been to CECOT and back.”

While at the notorious mega-prison known as CECOT, Abrego Garcia detailed how he was psychologically and physically tortured by Salvadoran officials. 

Abrego Garcia tried to make another application for asylum, after he was brought back to the U.S. this summer, but an immigration judge denied it. He has appealed the decision.

The case before Xinis is a habeas petition, which is how immigrants challenge their detention. Immigrants cannot be held longer for six months in detention if the federal government is not actively making efforts to remove them, a precedent set by the Supreme Court. 

Xinis pressed Ensign about why the “government (is) standing in the way” of allowing Abrego Garcia to be removed to Costa Rica. 

“It’s so odd and that’s me being really polite,” Xinis said, adding that “there is no evidence that Costa Rica is withholding their prior” stance to accept Abrego Garcia.  

Xinis said Thursday would be the last hearing before she makes her decision. She said she will first decide Abrego Garcia’s habeas petition and then address the injunction that bars his removal from the U.S.

“It’s not going to be a quick decision,” Xinis said. “These are weighty issues.”