Kilmar Abrego Garcia cannot be re-detained by immigration agents, federal judge rules

Immigration and Customs Enforcement (ICE) officials cannot re-detain Kilmar Abrego Garcia because a 90-day detention period has expired and the government has no viable plan for deporting him, a federal judge ruled on Tuesday.

The Salvadoran national's case has become a focal point in the immigration debate after he was mistakenly deported from Maryland to his home country last year. Since his return, he has been fighting a second deportation to a series of African countries proposed by Department of Homeland Security (DHS) officials.

The government "made one empty threat after another to remove him to countries in Africa with no real chance of success," U.S. District Judge Paula Xinis, in Maryland, wrote in her Tuesday order. "From this, the Court easily concludes that there is no 'good reason to believe' removal is likely in the reasonably foreseeable future."

Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally as a teenager. In 2019, an immigration judge ruled that he could not be deported to El Salvador because he faced danger there from a gang that had threatened his family. By mistake, he was deported there anyway last year.

Facing public pressure and a court order, President Trump's administration brought him back in June, but only after securing an indictment charging him with human smuggling in Tennessee. He has pleaded not guilty. 

Trump officials have said he cannot stay in the U.S. In court filings, officials have said they intended to deport him to Uganda, Eswatini, Ghana, and Liberia.

Assistant DHS Secretary Tricia McLaughlin stated, "If this matter were actually about the law or due process, Kilmar Abrego Garcia would already be deported and would never set foot in this country again."

"Judge Xinis will not be satisfied until he is authorized to live in the United States forever," McLaughlin continued.