January 31, 2026 6:29 am

Judge to Hear Case on Kilmar Abrego Garcia’s Immigration Custody Status

A federal judge will decide if Kilmar Abrego Garcia, free for over a week, should return to immigration custody.
Ground Game: Kilmar Abrego Garcia custody question, Republican discord, Venezuela tanker

Federal Judge to Decide on Immigration Custody for Kilmar Abrego Garcia

On Monday, a federal judge is scheduled to deliberate on whether Kilmar Abrego Garcia should be placed back into immigration custody. Abrego Garcia has been free for just over a week following his release from detention.

Abrego Garcia’s case has become a focal point in the immigration debate, especially after his mistaken deportation to El Salvador. Since August, he had been held in immigration detention, with the government expressing intentions to deport him to various countries. However, no action has been taken to deport him to Costa Rica, the one country he agreed to go to.

Judge Paula Xinis accused the government of providing misleading information about Costa Rica’s willingness to accept Abrego Garcia. Her order on December 11 highlighted that the immigration judge in 2019 did not issue a necessary removal order for deportation.

Government’s Legal Argument

Despite the absence of a final removal order, government attorneys argue that they are justified in detaining Abrego Garcia while they work on his deportation. Their stance is that legal detention is permissible during this process.

Abrego Garcia’s lawyers referenced a U.S. Supreme Court ruling, arguing that immigration detention should not be punitive. They claim that without a viable deportation plan, holding Abrego Garcia is punitive.

Republican Challenges Highlighted at Turning Point Conference

Vice President JD Vance remarked on Sunday that the conservative movement should welcome all who “love America,” amidst ongoing divisions within the Republican Party highlighted at Turning Point USA’s annual convention.

Erika Kirk, leader of Turning Point, endorsed Vance as a potential successor to President Donald Trump, signaling support from a significant volunteer base. However, the conference underscored political challenges, including debates over antisemitism and the environment, and rivalries among commentators.

Prominent figures like Ben Shapiro criticized others for conspiracism, while Tucker Carlson dismissed notions of internal conflict as “totally fake.” Vance emphasized patriotism as the main criterion for the conservative movement.

U.S. Coast Guard Pursues Tanker Off Venezuela

The U.S. Coast Guard is currently pursuing another sanctioned oil tanker in the Caribbean Sea. This operation follows recent seizures of tankers connected to the Venezuelan government.

A U.S. official confirmed the pursuit, indicating the vessel is part of Venezuela’s “illegal sanctions evasion.” The vessel is reportedly under a judicial seizure order and flying a false flag.

The Trump administration has intensified actions against vessels allegedly smuggling illegal substances into the U.S., with at least 104 fatalities from 28 strikes since September.

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