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Federal judge issues order to prohibit immigration officials from detaining Kilmar Abrego Garcia

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Federal judge issues order to prohibit immigration officials from detaining Kilmar Abrego Garcia
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News

Federal judge issues order to prohibit immigration officials from detaining Kilmar Abrego Garcia

2025-12-13 01:04 Last Updated At:01:10

BALTIMORE (AP) — A federal judge blocked U.S. immigration authorities on Friday from re-detaining Kilmar Abrego Garcia, saying she feared they might take him into custody again just hours after she had ordered his release from a detention center.

The order came as Abrego Garcia appeared at a scheduled appointment at an Immigration and Customs Enforcement field office roughly 14 hours after he walked out of immigration detention facility in Pennsylvania.

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Kilmar Abrego Garcia waits with Lydia Walther-Rodriguez of Casa in Maryland, left, to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia waits with Lydia Walther-Rodriguez of Casa in Maryland, left, to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia, center, leaves with Lydia Walther-Rodriguez, right, of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia, center, leaves with Lydia Walther-Rodriguez, right, of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia cries during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia cries during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia leaves with Lydia Walther-Rodriguez of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia leaves with Lydia Walther-Rodriguez of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia waits to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia waits to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia speaks at a rally before a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia speaks at a rally before a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia listens with is brother Cesar Abrego Garcia during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia listens with is brother Cesar Abrego Garcia during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia speaks during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia speaks during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia, center, and his brother Cesar Abrego Garcia, left, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough, File)

Kilmar Abrego Garcia, center, and his brother Cesar Abrego Garcia, left, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough, File)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

His lawyers had sent an urgent request to the judge, warning that ICE officials could immediately place him back into custody. Instead, Abrego Garcia exited the building after a short appointment, emerging to cheers from supporters who had gathered outside.

Speaking briefly to the crowd, he urged others to “stand tall” against what he described as injustices carried out by the government.

Abrego Garcia became a flashpoint of the Trump administration’s immigration crackdown earlier this year when he was wrongly deported to a notorious prison in El Salvador. He was last taken into custody in August during a similar check-in.

Officials cannot re-detain him until the court conducts a hearing on the motion for the temporary restraining order, U.S. District Judge Paula Xinis in Maryland said. She wrote that Abrego Garcia is likely to succeed on the merits of any further request for relief from ICE detention.

“For the public to have any faith in the orderly administration of justice, the Court’s narrowly crafted remedy cannot be so quickly and easily upended without further briefing and consideration,” she wrote.

Abrego Garcia on Friday stopped at a news conference outside the building, escorted by a group of supporters chanting “We are all Kilmar!”

“I stand before you a free man and I want you to remember me this way, with my head held up high,” Abrego Garcia said through a translator. “I come here today with so much hope and I thank God who has been with me since the start with my family.”

He urged people to keep fighting.

After Abrego Garcia spoke, he went through security at the field office, escorted by supporters.

When Abrego Garcia’s attorney, Simon Sandoval-Moshenberg, announced to the crowd assembled outside that his client would walk back out the field office’s doors again, he stressed that the legal fight was not over.

“Yesterday’s order from Judge Xinis and now the temporary restraining order this morning represent a victory of law over power,” Sandoval-Moshenberg said.

The agency freed him just before 5 p.m. on Thursday in response to a ruling from Xinis, who wrote federal authorities detained him after his return to the United States without any legal basis.

Abrego Garcia is a Salvadoran citizen with an American wife and child who has lived in Maryland for years. He immigrated to the U.S. illegally as a teenager to join his brother, who had become a U.S. citizen. In 2019, an immigration judge granted him protection from being deported back to his home country, where he faces danger from a gang that targeted his family.

While he was allowed to live and work in the U.S. under ICE supervision, he was not given residency status. Earlier this year, he was mistakenly deported and held in a notoriously brutal Salvadoran prison despite having no criminal record.

Facing mounting public pressure and a court order, President Donald Trump’s Republican administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges in Tennessee. He has pleaded not guilty to those charges and asked a federal judge there to dismiss them.

The 2019 settlement found he had a “well founded fear” of danger in El Salvador if he was deported there. So instead ICE has been seeking to deport him to a series of African countries. Abrego Garcia has sued, claiming the Trump administration is illegally using the removal process to punish him for the public embarrassment caused by his deportation.

In her order releasing Abrego Garcia, Xinis wrote that federal authorities “did not just stonewall” the court, “They affirmatively misled the tribunal.” Xinis also rejected the government’s argument that she lacked jurisdiction to intervene on a final removal order for Abrego Garcia, because she found no final order had been filed.

ICE freed Abrego Garcia from Moshannon Valley Processing Center, about 115 miles (185 kilometers) northeast of Pittsburgh, on Thursday just before the deadline Xinis gave the government to provide an update on Abrego Garcia's release.

He returned home to Maryland a few hours later.

Check-ins are how ICE keeps track of some people who are released by the government to pursue asylum or other immigration cases as they make their way through a backlogged court system. The appointments were once routine but many people have been detained at their check-ins since the start of Trump's second term.

The Department of Homeland Security sharply criticized Xinis' order and vowed to appeal, calling the ruling “naked judicial activism” by a judge appointed during the Obama administration.

“This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts,” said Tricia McLaughlin, the department’s assistant secretary.

Sandoval-Moshenberg said the judge made it clear that the government can’t detain someone indefinitely without legal authority.

Abrego Garcia has also applied for asylum in the U.S. in immigration court.

Abrego Garcia was hit with human smuggling and conspiracy to commit human smuggling charges when the U.S. government brought him back from El Salvador. Prosecutors alleged he accepted money to transport within the United States people who were in the country illegally.

The charges stem from a 2022 traffic stop in Tennessee for speeding. Body camera footage from a Tennessee Highway Patrol officer shows a calm exchange with Abrego Garcia. There were nine passengers in the car, and the officers discussed among themselves their suspicions of smuggling. However, Abrego Garcia was eventually allowed to continue driving with only a warning.

A Department of Homeland Security agent testified at an earlier hearing that he did not begin investigating the traffic stop until after the U.S. Supreme Court said in April that the Trump administration must work to bring back Abrego Garcia.

Associated Press writer Claudia Lauer in Philadelphia contributed to this report.

Kilmar Abrego Garcia waits with Lydia Walther-Rodriguez of Casa in Maryland, left, to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia waits with Lydia Walther-Rodriguez of Casa in Maryland, left, to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia, center, leaves with Lydia Walther-Rodriguez, right, of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia, center, leaves with Lydia Walther-Rodriguez, right, of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia cries during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia cries during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia leaves with Lydia Walther-Rodriguez of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia leaves with Lydia Walther-Rodriguez of Casa in Maryland, after a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia waits to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia waits to enter the building for a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia speaks at a rally before a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia speaks at a rally before a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia listens with is brother Cesar Abrego Garcia during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia listens with is brother Cesar Abrego Garcia during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia speaks during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia speaks during a rally ahead of a mandatory check at the Immigration and Customs Enforcement office in Baltimore, Friday, Dec. 12, 2025, after he was released from detention on Thursday under a judge's order. (AP Photo/Stephanie Scarbrough)

Kilmar Abrego Garcia, center, and his brother Cesar Abrego Garcia, left, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough, File)

Kilmar Abrego Garcia, center, and his brother Cesar Abrego Garcia, left, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough, File)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

Kilmar Abrego García arrives to his home in Beltsville, Md., Thursday, Dec. 11, 2025, after being released from ICE custody. (AP Photo/Jose Luis Magana)

COLORADO SPRINGS, Colo. (AP) — A Colorado funeral home owner who stashed 189 decomposing bodies in a building over four years and gave grieving families fake ashes was sentenced to 40 years in state prison Friday.

During the sentencing hearing, family members told Judge Eric Bentley they have had recurring nightmares about decomposing flesh and maggots since learning what happened to their loved ones.

They called defendant Jon Hallford a “monster” and urged the judge to give him the maximum sentence of 50 years.

Bentley told Hallford he caused “unspeakable and incomprehensible” harm.

“It is my personal belief that every one of us, every human being, is basically good at the core, but we live in a world that tests that belief every day, and Mr. Hallford your crimes are testing that belief,” Bentley said.

Hallford apologized before his sentencing and said he would regret his actions for the rest of his life.

“I had so many chances to put a stop to everything and walk away, but I did not,” he said. “My mistakes will echo for a generation. Everything I did was wrong.”

Hallford’s attorney unsuccessfully sought a 30 year sentence, arguing that it was not a crime of violence and he had no prior criminal record.

His former wife, Carie Hallford, who co-owned the Return to Nature Funeral Home, is due to be sentenced April 24. She faces 25 to 35 years in prison.

Both pleaded guilty in December to nearly 200 counts of corpse abuse under an agreement with prosecutors.

During the years they were stashing bodies, the Hallfords spent lavishly, according to court documents. That included purchasing a GMC Yukon and an Infiniti worth over $120,000 combined, along with $31,000 in cryptocurrency, pricey goods from stores like Gucci and Tiffany & Co. and laser body sculpting.

“Clearly this is a crime motivated by greed,” prosecutor Shelby Crow said. The Hallfords charged more than $1,200 per customer, and the money the couple spent on luxury items would have covered the cost to cremate all of the bodies many times over, Crow said.

The Hallfords also pleaded guilty to federal fraud charges after prosecutors said they cheated the government out of nearly $900,000 in pandemic-era small business aid. Jon Hallford was sentenced to 20 years in prison in that case, and Carie Hallford’s sentencing is pending.

A plea agreement in the corpse abuse case calls for the state prison sentence to be served concurrently with the federal sentence.

One of the family members who spoke at the hearing was Kelly Mackeen, whose mother's remains were handled by Return to Nature.

“I’m a daughter whose mother was treated like yesterday’s trash and dumped in a site left to rot with hundreds of others,” Mackeen said. “I’m heartbroken, and I ask God every day for grace.”

As she and others spoke of their grief, Jon Hallford sat at a table to their right, wearing orange jail attire and looking directly ahead. The courtroom’s wooden benches were full of relatives of the deceased and also journalists.

The Hallfords stored the bodies in a building in the small town of Penrose, south of Colorado Springs, from 2019 until 2023, when investigators responding to reports of a stench from the building.

Bodies were found throughout the building, some stacked on top of each other, with swarms of bugs and decomposition fluid covering the floors, investigators said. The remains — including adults, infants and fetuses — were stored at room temperature.

The bodies were identified over months with fingerprints, DNA and other methods.

Investigators believe the Hallfords gave families dry concrete that resembled ashes.

After families learned that what they received and then spread or kept at home were not actually their loved ones' remains, many said it undid their grieving process, while others had nightmares and struggled with guilt.

One of the recovered bodies was that of a former Army sergeant first class who was thought to have been buried at a veterans’ cemetery, FBI agent Andrew Cohen said.

When investigators exhumed the wooden casket at the cemetery, they found the remains of a person of a different gender inside, he said. The veteran, who was not identified in court, was later given a funeral with full military honors at Pikes Peak National Cemetery.

The corpse abuse revelations spurred changes to Colorado's lax funeral home regulations.

The AP previously reported that the Hallfords missed tax payments, were evicted from one of their properties and were sued for unpaid bills, according to public records and interviews with people who worked with them.

In a rare decision last year, Judge Bentley rejected previous plea agreements between the Hallfords and prosecutors that called for up to 20 years in prison. Family members of the deceased said the agreements were too lenient.

Brown reported from Billings, Montana.

Angelika Stedman, who hired Return to Nature funeral home to cremate her daughter, speaks to a reporter outside of the El Paso County Courthouse in Colorado Springs, Colo., Friday, Feb. 6, 2026, ahead of the sentencing owner Jon Hallford. (AP Photo/Thomas Peipert)

Angelika Stedman, who hired Return to Nature funeral home to cremate her daughter, speaks to a reporter outside of the El Paso County Courthouse in Colorado Springs, Colo., Friday, Feb. 6, 2026, ahead of the sentencing owner Jon Hallford. (AP Photo/Thomas Peipert)

Derrick Johnson, whose mother's body was one of 189 left to decay in the Return to Nature Funeral Home in Penrose, Colo., walks toward the El Paso County Courthouse for owner Jon Hallford's sentencing in Colorado Springs, Colo., Friday, Feb. 6, 2026. (AP Photo/Thomas Peipert)

Derrick Johnson, whose mother's body was one of 189 left to decay in the Return to Nature Funeral Home in Penrose, Colo., walks toward the El Paso County Courthouse for owner Jon Hallford's sentencing in Colorado Springs, Colo., Friday, Feb. 6, 2026. (AP Photo/Thomas Peipert)

Crystina Page, left, hugs Angelika Stedman outside of the El Paso County Courthouse in Colorado Springs, Colo., Friday, Feb. 6, 2026, ahead of the sentencing of Return to Nature funeral home owner Jon Hallford. (AP Photo/Thomas Peipert)

Crystina Page, left, hugs Angelika Stedman outside of the El Paso County Courthouse in Colorado Springs, Colo., Friday, Feb. 6, 2026, ahead of the sentencing of Return to Nature funeral home owner Jon Hallford. (AP Photo/Thomas Peipert)

FILE - Fremont County coroner Randy Keller, center, and other authorities survey the area where they plan to put up tents at the Return to Nature Funeral Home where over 100 bodies have been improperly stored, Oct. 7, 2023, in Penrose, Colo. (Parker Seibold/The Gazette via AP, File)

FILE - Fremont County coroner Randy Keller, center, and other authorities survey the area where they plan to put up tents at the Return to Nature Funeral Home where over 100 bodies have been improperly stored, Oct. 7, 2023, in Penrose, Colo. (Parker Seibold/The Gazette via AP, File)

FILE - Chrystina Page, right, holds back Heather De Wolf, as she yells at Jon Hallford, left, the owner of Back to Nature Funeral Home, as he leaves with his lawyers following a preliminary hearing, Feb. 8, 2024, outside the El Paso County Judicial Building, in Colorado Springs, Colo. (Christian Murdock/The Gazette via AP, File)

FILE - Chrystina Page, right, holds back Heather De Wolf, as she yells at Jon Hallford, left, the owner of Back to Nature Funeral Home, as he leaves with his lawyers following a preliminary hearing, Feb. 8, 2024, outside the El Paso County Judicial Building, in Colorado Springs, Colo. (Christian Murdock/The Gazette via AP, File)

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