Judge Blocks Re-Detention Of Wrongfully Deported Migrant
On Feb. 17 Judge Paula Xinis ruled ICE cannot re-detain Kilmar Abrego Garcia after a 90-day detention expired and the government had no viable plan to deport him.
Overview
On Feb. 17 U.S. District Judge Paula Xinis ruled ICE cannot re-detain Kilmar Abrego Garcia because a 90-day detention period expired and the government had no viable removal plan, the order said.
Abrego Garcia was mistakenly deported to El Salvador in March 2025 despite a 2019 order barring his removal, and that mistaken deportation prompted court orders that led to his return, court records show.
Judge Xinis wrote the government had "made one empty threat after another" to deport him to African countries, and his lawyer Simon Sandoval-Moshenberg said officials tried "one trick after another" to re-detain him.
Officials proposed removing Abrego Garcia to Liberia, Uganda, Eswatini and Ghana, while the judge noted Costa Rica had offered to accept him and he faces a separate criminal case in Tennessee, court filings show.
The order leaves Abrego Garcia free under strict release conditions in Maryland, the government has not said whether it will appeal, and a Nashville hearing will consider claims of vindictive prosecution.
Analysis
Center-leaning sources frame the story as a critique of the administration's immigration enforcement by foregrounding the judge's harsh language and the 'mistaken' deportation, emphasizing repeated government attempts to deport Abrego Garcia and highlighting failures (lack of travel documents, ignored Costa Rica option). They give less space to administration rationale, creating a skeptical narrative.
Sources (11)
FAQ
Abrego Garcia was deported on March 15, 2025, by ICE officers who claimed his immigration status had changed due to MS-13 gang allegations based on a 2019 police report[1]. However, the government later acknowledged the deportation was illegal and claimed it resulted from an "administrative error."[4] Judge Xinis subsequently ruled the deportation "shocks the conscience" and was "wholly lawless," noting the government had not presented actual evidence of MS-13 membership and had essentially abandoned that argument in court[1].
Following a Supreme Court order on April 10, 2025, that unanimously ruled the government must facilitate Abrego Garcia's release from custody in El Salvador, the Trump administration brought him back to the U.S. in June 2025[2]. However, they only did so after securing an indictment charging him with human smuggling in Tennessee, to which he has pleaded not guilty[3].
The government proposed deporting Abrego Garcia to Uganda, Eswatini, Ghana, and Liberia after he could not be sent to El Salvador[3]. However, Judge Xinis found these were "empty threats" with "no real chance of success," concluding the government had no viable removal plan[3]. Court filings indicated Abrego Garcia could "face persecution or torture if removed" to various countries, and he had been subjected to severe mistreatment while detained[2].
Judge Xinis ruled that ICE cannot re-detain Abrego Garcia because his 90-day detention period has expired and the government has no viable deportation plan[3]. The order leaves him free under strict release conditions in Maryland[3]. The government has not announced whether it will appeal the decision, and a Nashville hearing is scheduled to consider claims of vindictive prosecution[3].
Abrego Garcia has lived in Maryland for years and has an American wife and child, though he immigrated to the U.S. illegally as a teenager[3]. In 2019, an immigration judge ruled he could not be deported to El Salvador because he faced danger there from a gang that had threatened his family[3], establishing legal protection before his mistaken 2025 deportation.
History
3 sources