Kilmar Abrego Garcia Wins Temporary Stay; Celebrates Christmas With Family

Tue Dec 23 2025 20:48:19 GMT+0200 (Eastern European Standard Time)

After months in custody, El Salvadoran immigrant Kilmar Abrego Garcia is granted a temporary stay, allowing him to be with his family during Christmas.

Kilmar Abrego Garcia, who faced wrongful deportation and allegations of gang affiliation, can now spend Christmas at home after a judge issued a temporary restraining order. Garcia, who has lived in Maryland for years, was mistakenly deported before being returned. His case reflects ongoing debates about immigration policies.

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, 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, along with the legal basis for doing so. His attorneys have until Dec. 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 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.

The Salvadoran citizen's case has become a focal point in the immigration debate as he fights to remain in the U.S. after a mistaken deportation back to El Salvador, where he was imprisoned.

Garcia, a husband and father who immigrated to the U.S. illegally as a teenager, was granted protection from deportation in 2019 due to threats from gangs in his home country. His legal troubles intensified when he was mistakenly deported in March.

Facing pressure, Trump’s administration brought him back to the U.S. in June, but a controversial arrest warrant had also been issued against him on unrelated charges. After spending months in detention, including time in a Tennessee jail, a judge ordered his release. Garcia's future remains uncertain as government attorneys consider next steps.