Federal Judge Orders Release of Migrant Wrongfully Deported in Administrative Error

A federal judge has ordered Kilmar Abrego Garcia released from ICE custody after a wrongful deportation, even as a separate criminal case in Tennessee looms.

By: AXL Media

Published: Feb 18, 2026, 3:48 AM EST

Source: Information for this report was sourced from Fox News

Judicial Intervention and the Order of Release

U.S. District Judge Paula Xinis issued the order for Abrego Garcia’s release, concluding that his continued detention by immigration authorities was inconsistent with the circumstances of his return to the United States. Abrego Garcia was brought back to American soil in June 2025 only after a protracted legal battle that reached the Supreme Court, which upheld an order for the government to facilitate his return. The judge noted that the individual’s initial removal was a violation of "withholding of removal" protections he had held since 2019. By ordering his release from administrative custody, the court is prioritizing the rectification of the initial "administrative error" admitted by government officials.

The Looming Criminal Prosecution in Tennessee

While the Maryland court has addressed the immigration detention, Abrego Garcia’s legal troubles are far from over. He is currently facing federal criminal charges in the Middle District of Tennessee stemming from a traffic stop that occurred in 2022. These charges were brought forward shortly before his court ordered return to the United States, leading to allegations from his legal team that the prosecution was a strategic move to keep him in custody. Because the criminal case is a separate legal matter from his immigration status, he must still answer to those specific allegations even if he is no longer held by ICE.

Context of the 2025 Wrongful Deportation

The case of Kilmar Abrego Garcia gained national attention in March 2025 when he was deported to El Salvador as part of a mass removal flight. At the time, the government labeled him a member of the MS 13 gang based on confidential informant testimony, a claim his family and attorneys have vigorously denied. Despite an immigration judge previously ruling that he could not be sent back to El Salvador due to a high risk of persecution, he was included on a manifest of deportees. His subsequent imprisonment in the Cecot mega prison led to a civil rights lawsuit and a sharp rebuke from Judge Xinis, who described the government’s actions as wholly lawless.