'Naked judicial activism': Judge issues restraining order on ICE in Kilmar Abrego Garcia deportation case

Dec 12, 2025 - 11:28
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'Naked judicial activism': Judge issues restraining order on ICE in Kilmar Abrego Garcia deportation case


The high-profile deportation case of Kilmar Abrego Garcia is once again in the spotlight after an "activist" judge once again temporarily threw a wrench in the Department of Homeland Security's work.

On Friday, U.S. District Judge Paula Xinis issued an order barring immigration enforcement officials from detaining and deporting Garcia.

'This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts.'

Judge Xinis, who was appointed by former President Barack Obama, upheld requests from Garcia's lawyers for a temporary restraining order against Immigration and Customs Enforcement officials, Newsweek reported.

Garcia was freed from immigration detention on Thursday after months of being in limbo, the Associated Press reported.

RELATED: Kilmar Abrego Garcia's days in the US may be numbered after court's latest ruling

Photo by Alex Wong/Getty Images

"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," Xinis wrote.

Garcia's attorney, Simon Sandoval-Moshenberg, celebrated the news of the restraining order and his client's release.

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

Department of Homeland Security Assistant Secretary Tricia McLaughlin, who allegedly faced death threats from twin brothers from New Jersey earlier this week, told Newsweek that the decision was "naked judicial activism."

"This order lacks any valid legal basis, and we will continue to fight this tooth and nail in the courts," McLaughlin added.

Garcia, an illegal alien and alleged MS-13 associate living in Maryland, was deported to an infamous Salvadoran prison earlier this year before being returned to the United States for continued processing of his case.

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Fibis I am just an average American. My teen years were in the late 70s and I participated in all that that decade offered. Started working young, too young. Then I joined the Army before I graduated High School. I spent 25 years in, mostly in Infantry units. Since then I've worked in information technology positions all at small family owned companies. At this rate I'll never be a tech millionaire. When I was young I rode horses as much as I could. I do believe I should have been a cowboy. I'm getting in the saddle again by taking riding lessons and see where it goes.