A judge is demanding that the Department of Homeland Security release famed illegal migrant Kilmar Abrego Garcia from detention, pending his deportation.
“Respondents SHALL release Abrego Garcia from ICE custody immediately,” Judge Paula Xinis declared on December 11. The judge, who was nominated by President Barack Obama, continued:
Respondents SHALL notify Abrego Garcia’s counsel of the exact time and location of his release no fewer than four hours prior to releasing him, and notify the Court of the status of Abrego Garcia’s release by email to chambers no later than 5:00 p.m. today, Thursday, December 11, 2025.
“This is naked judicial activism by an Obama-appointed judge,” said Tricia McLaughlin, the top DHS spokeswoman. “This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts,” McLaughlin added.
Pro-immigration groups are providing elite lawyers to Abrego Garcia as they try to tangle President Donald Trump in many overlapping lawsuits as he works to protect ordinary Americans from the inflow of wage-cutting, chaos-maximizing migrants. This so-called “lawfare” is expensive but it does hobble the enforcement of the popular laws that protect ordinary Americans from open borders.
Many Democrats have supported the illegal migrant, despite credible accusations that he beat his wife several times, served as a street hustler for the dangerous MS-13 gang, and worked as an illegal labor trafficker over several years.
But the fight is a clear political loser for Democrats. A June poll by Harvard/Harris shows that 62 percent of registered voters say he is “likely a[n] MS-13 gang member.”
In October, another judge confirmed the “Final Deportation Order” for the El Salvadoran illegal immigrant.
In August, White House deportation chief Tom Homan declared of Abrego Garcia:
He is a gang member, human trafficker, wife beater, child predator, and criminal illegal alien. He’s a significant public safety threat… [and a] designated terrorist, and he’s been ordered removed by two different federal judges… He’s been indicted for human trafficking and alien smuggling. He’s a bad man. And I’m telling you, listen, I’m giving you my word: He will be deported from this country.
“I got my teeth in this thing, I’m not letting it go,” Homan added.
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