A federal judge in Maryland ruled on Tuesday that Immigration and Customs Enforcement (ICE) cannot legally re-detain Kilmar Abrego Garcia, citing the government’s lack of a realistic plan to deport him.
U.S. District Judge Paula Xinis determined that since Abrego Garcia’s 90-day detention period had already expired, and because the government could not prove his removal was likely in the near future, he must remain free while his legal battles continue.
Abrego Garcia’s case has drawn significant attention due to its complicated legal history. Although he entered the United States illegally as a teenager and lived in Maryland for years with his American wife and child, a 2019 court ruling specifically barred his deportation to El Salvador.
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That judge found that he faced credible threats from local gangs. Despite that order, he was deported to El Salvador last year.
Following his removal, the Trump administration was forced to fly him back to the U.S. in June under a court order. Upon his return, he was indicted on human smuggling charges in Tennessee—to which he has pleaded not guilty—and officials began searching for a third-party country that would accept him.
The Department of Homeland Security suggested several African nations, including Uganda, Eswatini, Ghana, and Liberia, as potential destinations.
However, Judge Xinis was critical of these proposals in her written order, stating the government had offered “one empty threat after another” regarding these locations without any actual chance of success. She concluded that there was no “good reason to believe” his removal was imminent.
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While federal officials maintain that Abrego Garcia should not be allowed to remain in the country, the ruling effectively prevents them from holding him in custody indefinitely while they attempt to find a country willing to take him.
For now, the Salvadoran national will remain in the United States as his criminal and immigration cases move through the court system.
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