Judge Orders DOJ to Detail Arrest Intent for Freed Salvadoran Immigrant
Updated (2 articles)
Judge Presses DOJ for Clear Plan After Unlawful Detention The hearing lasted an hour, during which U.S. District Judge Paula Xinis questioned Justice Department attorney Ernesto Molina about the government’s next steps in Kilmar Abrego Garcia’s case [1]. Xinis referenced her earlier ruling that Garcia had been detained unlawfully because no removal order existed [1]. She demanded a concrete statement on whether removal proceedings would be initiated or if the government would refrain from arresting him without lawful authority [1].
Abrego Garcia Released Following Ruling That Detention Lacked Removal Order Garcia, an El Salvadoran national, had been held for months in a Pennsylvania immigration detention center after being brought back from El Salvador [1]. Following the judge’s decision, he was released on December 11, 2025 [1]. His lawyers used the appearance to argue for a longer injunction against any future re‑arrest [1].
DOJ Attorney Unable to Confirm Re‑Arrest Decision, Cites DHS Authority Molina told the court he could not specify whether the administration had decided to re‑arrest Garcia [1]. He noted that, absent a temporary order, the Department of Homeland Security would retain detention authority [1]. Molina urged the judge to lift the temporary order while the department considered its options [1].
Judge Demands Evidence of Intent to Arrest or Formal Notice After Molina’s non‑answer, Xinis ordered the government to submit, within days, evidence of its intent to arrest Garcia or a notice that no arrest is planned [1]. She framed the request as a procedural safeguard, saying “no harm, no foul” if the government complied [1]. The directive aims to provide transparency and prevent further unlawful detention [1].
Timeline
Mar 2025 – The Trump administration wrongfully deports Kilmar Abrego Garcia, an El Salvadoran national, to El Salvador, violating his due‑process rights and sowing the legal dispute that later centers on his detention. [2]
Early 2025 – Abrego Garcia returns to the United States to face federal criminal charges and is placed in an immigration detention facility in Pennsylvania, where he remains for months without a removal order from an immigration judge. [2]
Dec 12, 2025 – Judge Paula Xinis issues a temporary restraining order that blocks the Trump administration from re‑detaining Abrego Garcia after finding his prior detention unlawful because no removal order existed. The order stays in effect until a hearing, and his lawyer Simon Sandoval‑Moshenberg states, “my client will not be re‑arrested that day and will leave the ICE office after his appointment.” [2]
Dec 22, 2025 – In an hour‑long hearing, Judge Xinis presses DOJ attorney Ernesto Molina for a concrete plan, demanding the government submit evidence of its intent to arrest or a notice that it will not. Molina cannot confirm a re‑arrest decision, and the judge replies, “Well then, this is no harm, no foul,” while ordering the government to file its intent within days. Abrego Garcia appears in court for the first time in eight months, and his lawyers seek a longer block on any future re‑arrest. [1]